Opinion
No. 10488.
March 7, 1944.
Appeal from the District Court of the United States for the Northern District of California, Southern Division; Michael J. Roche, Judge.
Clarence E. Rust, of Oakland, Cal., for appellant.
Frank J. Hennessy, U.S. Atty., and R.B. McMillan, and Joseph Karesh, Asst. U.S. Attys., all of San Francisco, Cal., for appellee.
Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.
Upon consideration of the transcript of record and briefs filed by respective parties, ordered judgment of District Court affirmed upon the authority of Falbo v. United States of America, 320 U.S. 549, 64 S.Ct. 346, that a judgment be filed and entered according and that the mandate of this court issue as provided by Rule 28.