This cause has been duly considered on the oral arguments and briefs of the attorneys and on the record;

And it appearing that the order of the District Judge dismissing the complaint without prejudice was properly entered. See Scott v. United States, 5 Cir., 189 F.2d 863, 864, United States v. Baker, 10 Cir., 191 F.2d 1004, and Hendricks v. United States, D.C.E.D. Tenn., 94 F.Supp. 142.

The order of the District Court is affirmed.