Wilson v. United States

The Fact and Record Situation.

DICKINSON, District Judge. "

There is danger that the merits of this cause be lost in a mere procedural mix-up. The record on its face leaves open to us only a choice between dismissing an appeal, which clearly does not lie, or affirming a judgment which just as clearly should be affirmed, according as it is determined whether the order now in question is merely the carrying into execution of a former order, which was affirmed by this court [59 F.(2d) 390], or whether it is a new order refusing to relieve the appellant from the contempt order before made.

The real…