v0768-89

United States Circuit Court ot Appeals

For tlie Nintli Circuit

John B. Goodwin,

Appellant.

vs

BRIEF OF APPELLEE

The United States of America,

Appellee.

ARGUMENT OF APPELLEE

At the outset, I am confronted with the title of the

cause as it appears in the appellant's brief wherein John B.

Goodwin is names as Plaintiff in Error and the United States

of America as Defendant is Error. As I understand the

situation, this is not a proceeding in error at all. I hesitate

to base a motion to dismiss, on the ground that no petition

in error has been filed, or citation served, for the reason that

it is possible that the counsel for John B. Goodwin has In-

advertently, in the title of the cause, referred to the parties as

plaintiff and defendant in error. However, I take the liberty

of directing the attention of the Court to the title of the

cause, and now submit, without argument, the question of

whether or not the proceeding in this Court should be dis-

missed. In any event, as my understanding is that this pro-

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