¶1J. Charles Dennis, U. S. Atty., and Oliver Malm, Asst. U. S. Atty., both of Seattle, Wash., for appellant.
¶2Wayne W. Keyes, of Tacoma, Wash., for appellee.
¶3Before MATHEWS HANEY, and HEALY, Circuit Judges.
¶5On motion of counsel for appellant, and on authority of the decision of the Supreme Court of the United States in Helvering v. Safe Deposit & Trust Co., 316 U.S.-, 62 S.Ct. 925, 86 L.Ed. -, decided April 13, 1942, ordered appeal herein dismissed, that a judgment be filed and entered accordingly, and that the mandate of this court in this cause issue forthwith.