Opinion
No. 4886.
October 27, 1932.
Appeal from the District Court of the United States for the Western District of Pennsylvania.
Judgment affirmed on motion, and appeal dismissed on motion.
Affirming judgment 54 F.2d 134.
Louis E. Graham, U.S. Atty., and John A. McCann, Sp. Atty., Bureau of Internal Revenue, both of Pittsburgh, Pa., for appellant.
Smith, Shaw, McClay Seifert and Eugene Strassburger, all of Pittsburgh, Pa., for appellee.
Comes now D.B. Heiner, defendant-appellant above named, by his attorneys, and moves the Court to dismiss this appeal and affirm the judgment of the District Court of the United States for the Western District of Pennsylvania herein.
Your petitioner respectfully advises the court that authority to dismiss this appeal has been obtained from the Attorney General of the United States by letter dated October 25, 1932, a copy of which is attached to this petition.
Defendant also moves that the mandate of this court go forward immediately to the District Court of the United States for the Western District of Pennsylvania.
Louis E. Graham, United States Attorney for the Western District of Pennsylvania, John A. McCann, Special Assistant to the U.S. Attorney, Attorneys for the Appellant.
Order
Pursuant to the prayer of the above and foregoing petition, and the Court having been fully advised in the premises, it is hereby ordered that this appeal be, and it hereby is, dismissed, and the judgment of the District Court of the United States for the Western District of Pennsylvania, rendered December 24, 1931, in favor of the plaintiff is affirmed. It is further ordered that the mandate of this court issue forthwith.