Majority
p. 695No. 347. Earwood, Guardian, v. United States. February 11, 1935.
Mr. Walter McElreath for petitioner. Solicitor■ General Biggs and Messrs. Will G. Beardslee and Randolph C. Shaw for the United States.
On petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit.
The petition for certiorari in this case is granted. In view of the provisions of Public Resolution No. 1, 74th Congress, approved January 28, 1935, the judgment of the Circuit Court of Appeals is vacated and the cause is remanded to that Court with instructions to determine whether the District Court should have directed a verdict on the merits, and to enter judgment accordingly.