NETERER, District Judge.
It is obvious that the motion to dismiss is futile. This case was dismissed by Judge McCormick on October 16th, 1941. That order is a final order; it was not disturbed by appeal or otherwise, and is in full force and says: "All proceedings hereunder be and the same are hereby dismissed."
This is all that need be said. But in view of the contention of counsel that the petition for review by Hess has no status in procedure or law, and...
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