
    Frank Costello, Plaintiff-Appellant, and United States of America, Intervener-Appellant, v. Maurice Simmons, Individually and as Property Clerk of the Police Department of the City of New York Respondent.
    Argued February 25, 1946;
    decided March 7, 1946.
    
      
      I. Maurice Wormser and George Wolf for plaintiff-appellant.
    
      John F. X McGohey, United States Attorney (John B. Creegan of counsel), for United States of America, intervener, appe1-lant.
    
      John J. Bennett, Corporation Counsel (Frank J. Horan of counsel), for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Med alie, J., deceased.  