Mr. Frederick H. Wood, of New York City, for E. R. Squibb & Sons.
Mr. Frank Y. Gladney, of St. Louis, Mo., for Mallinckrodt Chemical Works.
The Circuit Court of Appeals has certified the following questions:
Where an appellant fails to file assignments of error as required by the applicable rule (28 U. S. C. 862, 880 [28 USCA 862, 880]; Rule No. 11 of the Rules of the Circuit Court of Appeals for the Eighth Circuit), the appeal may be dismissed. Compare Rules of this Court No. 9 and No. 27, pars. 4, 5 (28 USCA 354). But, where an appeal is properly before the court and, upon hearing the appeal, the court determines that such assignments of error as have been duly filed have been abandoned, the court may affirm the decree from which the appeal is taken. Question No. 1 is answered in the affirmative.
It is so ordered.