PER CURIAM.
The United States, appellee, filed a written motion to dismiss the appeal because it was without merit. Such a motion cannot be granted since the appeal was directed to the merits. The court having indicated that it would deny the motion, counsel for the United States in open court orally amended the original motion to one for summary judgment of affirmance of the appeal because the record could not sustain a reversal. We authorized the amendment which...
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