UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
October 22, 1938
RED STAR YEAST & PRODUCTS COMPANY, PLAINTIFF-APPELLANT,
NATIONAL DISTILLERS PRODUCTS CORPORATION, DEFENDANT-APPELLEE.
Appeal from the District Court of the United States for the Eastern District of Wisconsin.
Before EVANS, Circuit Judge.
EVANS, Circuit Judge.
Now this day come the parties by their counsel and present and file a stipulation to dismiss this appeal, which said stipulation is in the words and figures following, to wit:
"It is hereby stipulated and agreed by and between the parties to this cause by their respective attorneys, a citation on appeal to this court having been issued out of the court below, United States District Court for the Eastern District of Wisconsin, February 3, 1938, as appears from the certified copy of such citation hereto attached, that said appeal be dismissed without costs to either party; and that the bond on appeal executed by appellant and surety to operate as a supersedeas as well as a bond for costs and damages be cancelled and the liability of the obligors discharged.
"An order shall be entered with the Clerk accordingly.
"Dated Oct. 14th, 1938."
Upon the above and foregoing stipulation having attached thereto a certified copy of the citation on appeal, it is thereupon on motion of Benjamin Poss and Joseph P. Brazy, counsel for the appellant, now here ordered and decreed by this court that this cause be docketed in this court and that this appeal be and the same hereby is dismissed without costs to either party, and that the bond on appeal executed by appellant and surety, to operate as a supersedeas as well as a bond for costs and damages be and the same hereby is cancelled and the liability of the obligors discharged.
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