Opinion
No. 8976.
December 2, 1942.
Appeal from the District Court of the United States for the Northern District of Ohio; Elmer D. Davies, Judge.
Kenneth W. Robinson and Harry S. Silverstein, both of Denver, Colo., and Harold K. Bell, of Cleveland, Ohio, for appellant.
Don C. Miller and Franklyn S. Judson, both of Cleveland, Ohio, for appellee.
Before HICKS, SIMONS, and McALLISTER, Circuit Judges.
It appearing to the court from certified copy of journal entry filed November 24, 1942, that the judgment and sentence in this case has been vacated and set aside by the District Court and that a new trial has been granted; in consideration whereof and pursuant to order of this court entered October 14, 1942, it is now ordered that the appeal herein be and the same is dismissed.