This case was heard upon the record, briefs of respective parties and oral argument of counsel for appellee, and the Court being sufficiently advised;

It is ordered that the judgment of the District Court be and is affirmed. Ponzi v. Fessenden, 258 U.S. 254, 42 S.Ct. 309, 66 L.Ed. 607; United States ex rel. Lombardo v. McDonnell, 7 Cir., 153 F.2d 919, 920; United States ex rel. Pasela v. Fenno, 2 Cir., 167 F.2d 593, 595.