¶1Frederic W. Johnson and Joseph M. LeMense, both of Cincinnati, Ohio, for the United States.
¶2Charles J. Brennan, of Dayton, Ohio, for appellee.
¶3Before HICKS, SIMONS, and MARTIN, Circuit Judges.
¶5It 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.