Opinion
No. 8662.
Argued October 16, 1944. Heard on Stipulation for Dismissal May 18, 1945.
Decided August 9, 1945.
Appeal from the District Court of the United States for the Western District of Pennsylvania; Robert M. Gibson, Judge.
James J. Burns, Jr., of Pittsburgh, Pa., for appellant.
Oliver K. Eaton, of Pittsburgh, Pa. (Howard H. Whitehead, Co. Sol., of Greensburg, Pa., on the brief), for appellee.
Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.
In view of the stipulation filed herein on July 20, 1945, it is appropriate to withdraw the per curiam opinion filed on February 1, 1945, 146 F.2d 1000, to vacate the judgment of this court entered the same day and to remand the cause to the District Court of the United States for the Western District of Pennsylvania 55 F. Supp. 30, for such action or disposition as that Court may deem to be meet and proper. Accordingly an order to such effect will be entered.