
    First Department,
    April, 1922.
    Ben Silverman, Respondent, v. John Barton Payne, Director-General of Railroads, as Agent under Section 206 of the Transportation Act, 1920, Appellant.
    
      
      See 41 U. S. Stat. at Large, 461, § 206; Pres. Proc. March 11, 1920, and May 14,1920,41 id. 1789, 1793,1794. After entry of judgment herein James C. Davis was appointed by President in place of John Barton Payne, resigned, by Proclamations dated March 26, 1921, and effective at noon on March 28, 1921. (42 U. S. Stat. at Large,-.) — [Rep.
    
   — Judgment and order affirmed, with costs. No opinion. Present—-Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ. (Smith, J., dissenting.)  