
    Edith Mae ECKLER and The First Central Trust Company, Executrix and Administrator, with the Will Annexed of the Estate of John R. Eckler, Deceased, v. COMMISSIONER OF INTERNAL REVENUE.
    No. 8269.
    Circuit Court of Appeals, Sixth Circuit.
    April 7, 1939.
    Herbert S. Duffy, of Columbus, Ohio, and Parker Fulton, of Cleveland, Ohio, for petitioners.
    James W. Morris, Asst. Atty. Gen., for respondent.
    Before HICKS, SIMONS, and ALLEN, Circuit Judges.
   PER CURIAM.

It'appearing to the court that the transcript of record in this cause was filed on July 25, 1938, and that no steps have been taken since that time to prosecute the appeal, it is ordered, on the court’s own motion, that the appeal be and the same is hereby docketed and dismissed, the costs to be charged against the government as constructive earnings.  