¶1Oscar A. Riopelle, of Detroit, Mich., for appellant.
¶2John C. Lehr, of Detroit, Mich., for the United States.
¶3Before HICKS, SIMONS, and ALLEN, Circuit Judges.
¶5It appearing to the court that a motion to dismiss appeal has been filed by appel-lee, 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 by or before the return day, on consideration whereof, it is ordered that the appeal be, and the same is hereby, dismissed.