Opinion
No. 8241.
June 3, 1940.
Appeal from the District Court of the United States for the Eastern District of Kentucky; H. Church Ford, Judge.
Cleon K. Calvert, of Pineville, Ky., Kent V. Gay, of St. Louis, Mo., S.M. Ward, of Hazard, Ky., and J.G. Bruce, of Washington, D.C., for appellant.
P.T. Wheeler, of Hazard, Ky., Samuel M. Wilson, of Lexington, Ky., and J.E. Johnson, Jr., of Hazard, Ky., for appellee.
Before HICKS, SIMONS, and ALLEN, Circuit Judges.
This cause was heard upon the entire record, briefs and oral argument, upon consideration whereof, it is ordered and adjudged that the motion to strike the record and dismiss the appeal filed March 21, 1939, is denied, and the judgment appealed from is affirmed upon the grounds and for the reasons stated in the opinion of the District Court filed January 10, 1938, 21 F. Supp. 757.