Opinion
No. 9966.
March 5, 1945.
Appeal from the District Court of the United States for the Northern District of California, Southern Division; Martin I. Welsh, Judge.
Geo. Olshausen and James Martin MacInnis, both of San Francisco, Cal., for appellant.
Frank J. Hennessy, U.S. Atty., of San Francisco, Cal., for appellee.
Before GARRECHT, MATHEWS, and HEALY, Circuit Judges.
It appearing from the files of this court that the appellant has failed to prosecute his appeal, and has failed to file certified transcript of record, and has been notified of default and that the matter would be called to the attention of this court at this time, and has made no response to such notice of default, and by direction of the court, it is ordered that the appeal in above cause be and hereby is dismissed for failure of appellant to prosecute his appeal, that a judgment be filed and entered accordingly and that the mandate of this court issue forthwith.