BUFFINGTON, Circuit Judge.
On the trial of this case the court below gave binding instructions in favor of the defendant. Its action in so doing is here assigned for error, and raises the sole question involved. The nature of the case and the facts pertinent thereto are fully set forth in the opinion of this court at 258 F. 290, 169 C. C. A. 305, when the case was heretofore before us. We save needless present repetition by reference thereto.
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