Opinion
No. 9800.
May 7, 1942.
Appeal from the District Court of the United States for the District of Montana; Charles N. Pray, Judge.
Affirming, D.C., 36 F. Supp. 131.
Weir, Clift Bennett, of Helena, Mont., and H. Leonard DeKalb, of Lewistown, Mont., for appellant.
John B. Tansil, U.S. Atty., of Billings, Mont., for appellee.
Before GARRECHT, HANEY, and HEALY, Circuit Judges.
Upon consideration of the stipulation of counsel for respective parties that this cause shall abide final decision in companion and controlling cause, J.F. Forbes v. United States, 9 Cir., 125 F.2d 404, decided January 30, 1942, and good cause therefor, ordered that a judgment of affirmance be filed and entered herein and that the mandate of this court in this cause issue forthwith.