¶1Herbert S. Duffy, of Columbus, Ohio, and Parker Fulton, of Cleveland, Ohio, for petitioner.
¶2James W. Morris, Asst. Atty. Gen., for respondent.
¶3Before HICKS, SIMONS, and ALLEN, Circuit Judges.
¶5It appearing to the court that the transcript of record in this cause was filed on July 25, 1938, and that no steps have been taken since that time to prosecute the appeal, it is ordered, on the court’s own motion, that the appeal be and the same is hereby docketed and dismissed, the costs to be charged against the government as constructive earnings.