¶1Frank P. Bowen, of Knoxville, Tenn., and Milligan & Haynes, of Greeneville, Tenn., for appellant.
¶2James B. Frazier, Jr., U. S. Atty., of Knoxville, Tenn., and Richard N. Ivins, ol Chattanooga, Tenn., for appellee.
¶3Before HICKS, SIMONS, and ALLEN, Circuit Judges.
¶5The appeal herein having been abandoned, as appears from the motion of ap-pellee to docket and dismiss, on consideration whereof, it is ordered that the appeal be and the same is docketed and dismissed, the costs to be charged against the Government as constructive earnings.