¶1Ralph Davis, of Memphis, Tenn., for appellant.
¶2Wm. McClanahan, of Memphis, Tenn., for appellee.
¶3Before HICKS, ALLEN, and HAMILTON, Circuit Judges.
¶5It appearing to the court that the transcript of record in this case was tendered out of time on November 1st, 1937, and that appellant has failed, after due notice, either to file motion for permission to file the record out of time, or to take any steps to prosecute the appeal; on consideration whereof, it is ordered upon the court’s own motion, that the appeal herein be and the same is docketed and dismissed.