¶1Leo J. Sandmann, of Louisville, Ky., for appellant.
¶2Oldham Clarke, of Louisville, Ky., for the United States.
¶3Before HICKS, SIMONS, and ALLEN, Circuit Judges.
¶5It appearing to the court that a motion to docket and dismiss the appeal has been filed, accompanied by certificate of the clerk of the District Court as provided by rule 18, and it further appearing that appellant has failed to file the record and docket the case by or before the return day, and that there has been no extension of time therefor,
¶6On consideration whereof, it is ordered that the appeal be, and the same is hereby, docketed and dismissed.