
    Edwin POOLE v. UNITED STATES of America.
    No. 9198.
    Circuit Court of Appeals, Ninth Circuit.
    June 12, 1939.
    William Ferriter and James C. Purcell, both of San Francisco, Cal., for appellant.
    Frank J. Hennessy, U. S. Atty., and S. P. Murman, Asst. U. S. Atty., both of San Francisco, Cal.
    Before DENMAN, MATHEWS, and HEALY, Circuit Judges.
   PER CURIAM.

Upon consideration of motion of ap-pellee to dismiss appeal for failure of appellant to file record and docket cause, and there being no opposition thereto by appellant, ordered motion granted, and appeal dismissed for failure of appellant to prosecute appeal; mandate to issue as provided in Rule 28.  