
    LUTCHER & MOORE LUMBER CO. v. KNIGHT et al.†
    (Circuit Court of Appeals, Fifth Circuit.
    January 24, 1911.)
    No. 1,629.
    In Error to the Circuit Court of the United States for the Western District of Louisiana.
    Geo. E. Holland, for plaintiff in error. A. J. Murff and M. J. Cunningham, for defendants in error.
    Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
   PER CURIAM.

The Supreme Court having this case before it on certiorari has practically decided that the evidence rejected on the trial in the court below was admissible under the issues then presented. Lutcher & Moore Lumber Company v. Knight, 217 U. S. 257, 30 Sup. Ct. 505, 54 L. Ed. 757. That evidence, if admissible, was certainly material to the issues involved, particularly the issue of simulation vel non, and this conclusion renders it necessary to reverse the judgment of the Circuit Court and remand the cause for a new trial; and it is so ordered.

For decision below, see 156 Fed. 1022, 84 C. C. A. 679.  