Opinion
No. 8697.
March 9, 1938.
Appeal from the District Court of the United States for the District of Arizona; Albert M. Sames, Judge.
Knapp, Boyle Thompson, of Tucson, Ariz., and David R. Faries, of Los Angeles, Cal., for appellant.
Leslie C. Hardy, of Phoenix, Ariz., and Otto E. Myrland and Ben Shantz, both of Tucson, Ariz., for appellee.
Before DENMAN, STEPHENS, and HEALY, Circuit Judges.
Upon stipulation of respective parties, and their counsel, ordered decree of the District Court herein reversed, and that this cause be remanded to the said District Court for a new trial, that each party bear his own costs on appeal, that a decree be filed and entered accordingly, and mandate of this court herein issue forthwith.