Appellant’s motion in the District Court to dismiss Count One of an indictment charging him with conspiracy in the use of the mail to defraud was denied; from which order this appeal was taken.

Said order is not a final decision from which an appeal will lie. Section 1291, Title 28 U.S.Code; United States v. ( Golden, 2 Cir., 239 F.2d 877; Atlantic Fishermen’s Union v. U. S., 1 Cir., 197 F.2d 519.

Appellee’s motion to dismiss the appeal is sustained.