
    UNITED STATES of America, Appellant, v. Lee R. SMITH.
    No. 11791.
    Circuit Court of Appeals, Eighth Circuit
    July 22, 1940.
    Richard K. Phelps, Acting U. S. Atty., and Charles L. Chalender, Atty., Department of Justice, both of Kansas City, Mo., for appellant.
    
      Lawrence E. Goldman, of Kansas City, Mo., for-appellee.
   PER CURIAM. '

Appeal from District Court docketed and dismissed without costs to either party in this Court, on motion of appellant.  