
    The POWHATAN MINING COMPANY, Petitioner, v. Harold L. ICKES, Secretary of the Interior, The Bituminous Coal Division of the Department of the Interior, and H. A. Gray, Director Thereof, Respondents.
    No. 8798.
    Circuit Court of Appeals, Sixth Circuit.
    Dec. 10, 1940.
    W. T. Kinder, Arthur L. Dougan, and Jones, Day, Cockley & Reavis, all of Cleveland, Ohio, for petitioner.
    Abe Fortas, Gen. Counsel, Bituminous Coal Division, of Washington, D. C., for respondents.
    Before HICKS, SIMONS, and ALLEN, Circuit Judges.
   PER CURIAM.

Now, upon presentation of the within motion in the above entitled cause and upon consideration thereof, it is ordered, adjudged and decreed by the Court that the petition for review herein be dismissed.  