
    The State, ex rel. Toledo-Maumee Raceways, Inc., Appellee, v. Hackett, Judge, Appellant.
    (No. 37305
    Decided March 28, 1962.)
    
      
      Messrs. Knepper, White, Richards, Miller é Roberts and Mr. Hugh A. Sherer, for appellee.
    
      Mr. Ralph 8. Roggs and Mr. R. C. Ragan, for appellant.
   Per Curiam.

Appellee has filed a motion to dismiss the appeal for the reason that the cause is presently moot. It appearing from the record that the cause has become moot, the motion to dismiss is sustained and the appeal dismissed.

Appeal dismissed.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Kerns and O’Neill, JJ., concur.

Kerns, J., of the Second Appellate District, sitting by designation in the place and stead of Herbert, J.  