
    Harry H. KERR, Appellant, v. UNITED STATES of America, Appellee.
    No. 10371.
    Circuit Court of Appeals, Ninth Circuit.
    March 6, 1944.
    Sanders & Kahn, of San Diego, Cal., for appellant.
    Charles H. Carr, U. S. Atty., and Daniel Dillon and Attilio di Girolamo, Attys., Dept, of Justice, all of Los Angeles, Cal., for appellee.
    Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.
   PER CURIAM.

Upon consideration of the motion of appellee to dismiss appeal herein and good cause therefor appearing, it is ordered that the motion to dismiss be and hereby is granted, that the appeal herein be dismissed, that a judgment be filed and entered accordingly and the mandate of this court issued as provided in Rule 28.  