Calbert v. United States

Ninth Circuit Court of Appeals

Decided March 4, 1940.

Ninth Circuit Court of Appeals · decided 1940-03-04

2 counsel of record

Opinion by (per_curiam) · Decided 1940-03-04

¶1Ames Peterson, of Los Angeles, Cal., for appellant.

¶2Ben Harrison, U. S. Atty., and Russell K. Lambeau, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.

¶3Before GARRECHT, HANEY, and HEALY, Circuit Judges.

¶4PER CURIAM.

¶5Upon consideration of motion of appellee for dismissal of appeal herein for fail*661ure of appellant to prosecute same by not procuring settlement of bill of exceptions and not filing transcript of record, and no opposition thereto being made by appellant, and by direction of the Court, ordered said motion granted, that a judgment of dismissal be filed and entered accordingly.