Opinion
No. 7766.
April 4, 1939.
Appeal from the District Court of the United States for the Western District of Kentucky; Elwood Hamilton, Judge.
Attkisson Attkisson, of Louisville, Ky., for appellant.
Humphrey Taylor and Steinfeld Steinfeld, all of Louisville, Ky., for appellee.
Before HICKS, SIMONS and ALLEN, Circuit Judges.
This case was heard upon the record and briefs, whereupon, it is ordered and adjudged that the decree of March 23, 1937, dismissing appellant's amended bill and herein appealed from, be and the same is reversed upon the authority of Martin v. National Surety Co., 300 U.S. 588, 57 S.Ct. 531, 81 L.Ed. 822, decided after the entry of the decree in the District Court, and the case is remanded to the District Court for further proceedings consistent herewith.