
    KROGER GROCERY & BAKING COMPANY, Plaintiff, Appellant, v. FIRST NATIONAL STORES, Inc., et al., Defendants, Appellees.
    No. 3702.
    Circuit Court of Appeals, First Circuit.
    Feb. 13, 1942.
    A. Yates Dowell, of Washington, D. C., and Herbert W. Kenway, of Boston, Mass., for appellant.
    Herbert A. Baker, of Boston, Mass., for appellees.
   PER CURIAM.

Upon consideration of a stipulation of the parties, and disclaiming any intimation that the decree of the District Court, 37 F.Supp. 553, was in any wise in error, this court not having reviewed the merits, it is ordered that the decree of the District Court be, and the same hereby is, vacated and the case is remanded to that court for entry of a final decree in accordance with said stipulation.  