Opinion
No. 12143.
March 5, 1948. Rehearing Denied April 20, 1948.
Appeal from the District Court of the United States for the Eastern District of Louisiana; Wayne G. Borah, Judge.
Proceeding by the United States of America against Jacob Bernstein, doing business as Jacob Bernstein Fur Company. From an order dismissing the case without prejudice, the United States appeals.
Affirmed.
Lansing L. Mitchell and John N. McKay, Asst. U.S. Attys., both of New Orleans, La., for appellant.
James David McNeill and Warren M. Simon, both of New Orleans, La., for appellee.
Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.
A careful examination of the record convinces us that the order appealed from, dismissing the case without prejudice, after a delay in its prosecution of more than sixteen months, was not reversible error. The judgment is affirmed.