
    TEXAS PACIFIC COAL AND OIL COMPANY, Appellant, v. F. R. VAN DE PUTTE, as Administrator of the Estate of John F. Pewters, Deceased, et al., Appellees.
    No. 9794.
    Circuit Court of Appeals, Ninth Circuit.
    June 16, 1941.
    Wm. K. Hall, of Fort Worth, Tex., and LaRue Smith, of Great Falls, Mont., for appellant.
    E. J. McCabe, H. C. Hall, and Edward C. Alexander, all of Great Falls, Mont., for appellee.s.
    Before WILBUR, GARRECHT, and HANEY, Circuit Judges.
   PER CURIAM.

Upon consideration of the stipulation of counsel for respective parties, and good cause therefor appearing, it is ordered that the appeal herein, 35 F.Supp. 794, he dismissed, that a judgment be filed and entered accordingly, and mandate of this court issued forthwith.  