Opinion
No. 8984.
June 4, 1941.
Appeal from the District Court of the United States for the Southern District of Ohio; Robert R. Nevin, Judge.
Frederic W. Johnson and Joseph M. LeMense, both of Cincinnati, Ohio, for the United States.
Charles J. Brennan, of Dayton, Ohio, for appellee.
Before HICKS, SIMONS, and MARTIN, Circuit Judges.
It appearing to the court that a motion to docket and dismiss appeal has been filed by appellant, accompanied by certificate of the clerk of the District Court as required by rule 19, on consideration whereof, it is now ordered that the appeal be and the same is hereby docketed, and dismissed costs to be charged against the Government as constructive earnings.