
    No. 490.
    Hart Refineries v. Montana.
    February 18, 1929.
    
      Mr. John E. Patterson for appellant.
    No appearance for appellee.
   Per Curiam:

Upon consideration of the jurisdictional statement heretofore filed, and following the 'view expressed by the Supreme Court of Montana, we entered an order dismissing the appeal in this case as frivolous upon the authority of Raley & Bros. v. Richardson, 264 U. S. 157, 159. Upon the authority of Hart Refineries v. Harmon, decided this day, ante, p. 499, presenting precisely the same question, that order is now vacated and the judgment below is affirmed.  