
    UNITED STATES of America v. R. W. SMYTHE, Guardian of Noah Woodward.
    No. 8112.
    Circuit Court of Appeals, Sixth Circuit
    Oct. 10, 1938.
    James B. Frazier, Jr., of Knoxville, Tenn., for appellant.
    No appearance for appellee.
    Before HICKS, SIMONS, and ALLEN, Circuit Judges.
   PER CURIAM.

It appearing to the court that a motion to docket and dismiss appeal has been filed by appellant, accompanied by certificate of the Clerk of the District Court as provided by Rule 18; On consideration whereof, it is ordered that the appeal be and the same is hereby docketed and dismissed the costs to be charged against the Government as constructive earnings.  