
    BAKER et al. v. FEDERAL OIL & GAS CO.
    
    (Circuit Court of Appeals, Third Circuit.
    November 27, 1911.)
    No. 1,557.
    Appeal from the Circuit Court of the United States for the District of Delaware. In Equity. Suit by Frank R. Baker and James K. Mitchell against the Federal Oil & Gas Company. From a decree of dismissal complainants appeal.
    Affirmed.
    John R. Nicholson, of Wilmington, Del., for appellants. Andrew C. Gray, of Wilmington, Del., and E. J. Kent, of Pittsburgh, Pa., for appellee.
    Before BUF-F1NGTON and BANNING, Circuit Judges, and McPPIERSON, District Judge.
    
      
       Rehearing denied.
    
   PER CURIAM.

While the members of this court have had different grounds for arriving at such conclusion, and do not find it necessary to express an opinion concerning the applicability of the ninety-fourth equity rule (29 Sup. Ct. xxxvii), all unite in holding that the decree of dismissal should be affirmed, with costs.  