Opinion
No. 10725.
March 12, 1945.
Appeal from the District Court of the United States for the Western District of Washington, Southern Division; Lloyd L. Black, Judge.
Albert A. Absher and Dellmore Lessard, both of Portland, Or., for appellant.
No appearance for the United States.
Before GARRECHT, MATHEWS, and STEPHENS, Circuit Judges.
The District Court's judgment, 50 F. Supp. 971, is reversed upon the authority of Baumgartner v. United States, 322 U.S. 665, 64 S.Ct. 1240, 88 L.Ed. 1525 and Bergmann v. United States, 9 Cir., 144 F.2d 34.