PETERS, District Judge.
This matter came on to be heard on motions by the defendant to strike out the declaration filed by the plaintiff and to dismiss the action.
The suit was originally a bill in equity and tried as such, with judgment for defendant. Upon appeal, the Circuit Court of Appeals handed down the following mandate:
"The decree of the District Court is affirmed so far as it denies specific performance of the contract of October 2, 1916...
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