
    Peter LOMBARDI, Appellant, v. UNITED STATES, Appellee.
    No. 8294.
    Circuit Court of Appeals, Sixth Circuit.
    May 5, 1939.
    Ray E. Hughes and John E. Seidel, both of Columbus, Ohio, for appellant.
    Haveth E. Mau, U. S. Atty., of Cincinnati, Ohio.
    Before HICKS, SIMONS, and ALLEN, Circuit Judges.
   PER CURIAM.

It appearing to the court that the appeal in this case has been abandoned, it is now ordered that the appeal be and the same is hereby docketed and dismissed, the costs to be charged against the Government as constructive earnings.  