
    Albert T. CHERRY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.
    No. 8855.
    Circuit Court of Appeals, Sixth Circuit.
    June 4, 1941.
    Robert C. Porter, of Cincinnati, Ohio, for petitioner.
    W. T. Kelley, Gen. Counsel, Federal Trade Commission, of Washington, D. C., for respondent.
    Before HICKS, SIMONS, and MARTIN, Circuit Judges.
   PER CURIAM.

It appearing to the court upon the representation of Albert T. Cherry, petitioner herein, by Robert C. Porter, his attorney, that following the filing of the within named action the respondent reopened the proceeding before the Federal Trade Commission and the petitioner desiring as a consequence to dismiss the within cause of action said cause of action is hereby dismissed without prejudice at petitioner’s costs.  