
    RUSS v. TELFENER.
    
    (Circuit Court of Appeals, Fifth Circuit.
    November 24, 1896.)
    No. 537.
    Before PARDEE and McCORMICK, Circuit Judges, and NEWMAN, District Judge.
    
      
       Rehearing denied, January 26, 1897.
    
   In Error to the Circuit Court of the United States for (he Western District of Texas.

PER CURIAM.

AVlien this case was last before the supreme court of tlie United States (16 Sup. Ct. 695), the contract upon which the plaintiff in error sues was fully examined, considered, and construed, leaving, in our opinion, no ground upon which Russ, plaintiff below, plaintiff in error here, can maintain a suit thereon. The judgment of the circuit court was to this effect, and is affirmed.  