Opinion
No. 9070.
June 29, 1942.
Appeal from the District Court of the United States for the Western District of Tennessee; Marion Speed Boyd, Judge.
Shepherd, Owen Heiskell, of Memphis, Tenn., for appellant.
Henry M. Hezel, of Memphis, Tenn., for appellee.
Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.
This cause having come on for hearing on the transcript of record and the brief and argument of counsel for appellant, no brief having been filed on behalf of appellee, after due consideration by the court, it is hereby ordered, adjudged, and decreed that the judgment of the District Court, in favor of appellee, be and is hereby affirmed on the authority of Overnight Motor Transportation Co. v. Missel, 62 S. Ct. 1216, 86 L.Ed. ___, decided June 8, 1942.