¶1Harry Jamerson, Jim C. Galloway, Memphis, Tenn., for appellant.
¶2John Brown, Edward N. Vaden, Memphis, Tenn., for appellee.
¶3Before MARTIN, McALLISTER and MILLER, Circuit Judges.
¶5This cause has been duly considered on the oral arguments and briefs of the attorneys and on the record;
¶6And it appearing that the order of the District Judge dismissing the complaint without prejudice was properly entered. See Scott v. United States, 5 Cir., 189 F.2d 863, 864, United States v. Baker, 10 Cir., 191 F.2d 1004, and Hendricks v. United States, D.C.E.D. Tenn., 94 F.Supp. 142.
¶7The order of the District Court is affirmed.