JONES, District Judge.
This cause was tried and submitted to the Honorable D. C. Westenhaver in September, 1927. Due to his sickness and subsequent death, it was not decided. By written stipulation of counsel for the parties, it was agreed that the matter should be submitted without retrial to one of the judges of this court; and, upon oral argument had January 9, 1929, the matter was submitted on the record and briefs.
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