Opinion
No. 5691.
February 13, 1936.
Appeal from the District Court of the United States for the Eastern District of Wisconsin.
Pursuant to stipulation of counsel filed January 30, 1936, which said stipulation is in the words and figures following, to wit:
"Whereas, a motion has been filed in the above entitled court in cause 5689 in which Cudahy Brothers Company is appellee and O.A. La Budde Individually and as Collector of Internal Revenue is appellant, to dismiss the appeal, and
"Whereas, the issues in the above entitled cause are substantially the same,
"Now, therefore, it is hereby stipulated and agreed by and between B.J. Husting, United States Attorney for the Eastern District of Wisconsin, and L. Hugo Keller, Assistant United States Attorney for the Eastern District of Wisconsin, attorneys for the appellant herein, and William Furst, attorney for the appellee herein, that the above-entitled cause may be dismissed if the above-named court dismisses the cause of Cudahy Brothers Company versus La Budde, cause Number 5689."
B.J. Husting, U.S. Atty., and L. Hugo Keller, Asst. U.S. Atty., both of Milwaukee, Wis., for appellant.
William Furst, of Minneapolis, Minn., for appellee.
Before EVANS, SPARKS, and ALSCHULER, Circuit Judges.
It appearing that cause No. 5689, O.A. La Budde, Individually and as Collector of Internal Revenue v. Cudahy Brothers Company [81 F.2d 1079] was dismissed by this court on February 11, 1936.
It is now here ordered, adjudged and decreed by this court that this appeal be, and the same is hereby dismissed, pursuant to the foregoing stipulation.