Opinion
No. 8825.
May 8, 1942.
Appeal from the District Court of the United States for the Western District of Kentucky; Shackelford Miller, Jr., Judge.
Harry L. Hargadon, of Louisville, Ky., for appellant.
Robert F. Vaughan, of Louisville, Ky., for appellee.
Before HICKS, ALLEN, and HAMILTON, Circuit Judges.
This cause was heard upon the transcript of the record, briefs and arguments of counsel, and it appearing to the court that the findings of fact are sustained by substantial evidence, it is therefore ordered and adjudged that the judgment appealed from be and the same is affirmed upon the authority of Caldwell v. Standard Accident Ins. Co., 6 Cir., 98 F.2d 364, no controlling Kentucky decision to the contrary appearing.