
    Wilbert R. NAY, Appellant, v. Joseph O’GRADY, Warden of the Nebraska State Penitentiary, at Lancaster, Neb.
    No. 11679.
    Circuit Court of Appeals, Eighth Circuit.
    May 16, 1940.
    C. M. Pierson, of Lincoln, Neb., for appellant.
    Walter R. Johnson, H. Emerson Kokjer, and George W. Ayres, all of Lincoln, Neb., for appellee.
   PER CURIAM.

Appeal from District Court dismissed without taxation of costs in favor of either of the parties in this Court, on ground that question involved in appeal is moot, on motion of appellee.  