
    UNITED STATES of America, Appellant, v. Otis M. DANA, Appellee.
    No. 9633.
    Circuit Court of Appeals, Ninth Circuit.
    Nov. 28, 1940.
    Wm. Fleet Palmer, U. S. Atty., and Daniel Dillon and Attilio di Girolamo, Attys., Department of Justice, all of Los Angeles, Cal., for appellant.
    Volney P. Mooney, Jr., and Sylvester Hoffmann, both of Los Angeles, Cal., for appellee.
    Before DENMAN, MATHEWS, and HEALY, Circuit Judges.
   PER CURIAM.

Pursuant to stipulation of counsel for respective parties, and good cause therefor appearing, ordered judgment of the District Court herein reversed, and that this cause be and hereby is remanded to the District Court for a new trial, that a judgment be filed and entered accordingly, and that the mandate of this court in this cause issue forthwith.  