This case came on to be heard upon .the record and briefs and oral argument of counsel;

And it appearing that the instructions given to the jury by the District Court taken as a whole are clear and correct under the applicable law, Lurding v. United States, 6 Cir., 179 F.2d 419; Battjes v. United States, 6 Cir., 172 F. 2d 1;

And it appearing that the District Court in denying the motion for new trial did not abuse its discretion, Quer-cia v. United States, 1 Cir., 70 F.2d 997, 999. Cf. Nicely v. United States, 6 Cir., 129 F.2d 357, 358; 12 Cyclopedia of Federal Procedure, 230-232;

And it appearing that the verdict of the jury is supported by substantial and *261 competent evidence and no reversible error appearing in the record;

It is ordered that the judgment be and it hereby is affirmed.