v2088-236

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ing the enforcement of Appellee Pillsbury's award.

It is our belief that this issue has become moot by

^drtue of the fact that after the appeal was taken

from the order denying the temporary injunction, the

X)roceeding upon which the request for the same was

predicated was dismissed and a final decree entered,

from which decree this appeal is now^ being prose-

cuted. However, in case this Court should see fit to

review the ruling of the lower Court denying the tem-

porary injunction, we refer this Court to our brief

on file, suggesting however that the point raised is

stare decisis (Northwestern Stevedoring Co. v. Mar-

shall, 41 Fed. (2d) 28, 29 (CCA. 9)).

For the reasons hereinabove set forth, we submit

that the compensation award heretofore entered by

Appellee Pillsbury and approved by the lower Court

should be affirmed.

Dated, San Francisco,

June 29, 1938.

Respectfully submitted,

Frank J. Hennessy,

United States Attorney,

    1. MURMAN,

Assistant United States Attorney,

Attorneys for Appellee,

Warren TI. Pillsbury,

(Appendix Follows.)


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