
    B. & O. RAILROAD COMPANY, Appellant, v. Louis RUSSELL, Morris S. Borden, and Samuel T. Gaines, Operating as a Partnership under Name and Style of Borden & Gaines, Appellees.
    No. 8611.
    Circuit Court of Appeals, Sixth Circuit.
    March 4, 1941.
    Harrington, Huxley & Smith, of Youngstown, Ohio, for appellant.
    Borden & Gaines, of Cleveland, Ohio, for appellees.
    Before HICKS, ALLEN, and HAMILTON, Circuit Judges.
   PER CURIAM.

Pursuant to motion of appellant it is ordered that the appeal herein be and the same is dismissed.  