
    No. 9752.
    GERALD THOMSON, d/b/a THE LINOLEUM SHOP, Plaintiff and Respondent, v. JOHN JOZOVICH, Defendant and Appellant.
    310 Pac. (2d) 304.
    Decided April 22, 1957.
    
      Joseph P. Monaghan, Butte, for appellant.
    
      Poore & Poore, Butte, for respondent.
   Per Curiam.

Respondent having filed herein a motion to dismiss this cause and appellant having filed herein praecipe stating that the judgment herein has been settled and requesting this Court to grant the motion to dismiss;

It is therefore ordered that the motion be granted and that the appeal be and it is dismissed.

MR. CHIEF JUSTICE HARRISON and MR. JUSTICES CASTLES, BOTTOMLY and ADAIR, concur.  