
    The COLE NURSERY COMPANY, Appellant, v. YOUDATH PERENNIAL GARDENS, Inc., John A. Youdath and Mary (Mrs. John A.) Youdath, Appellees.
    No. 7706.
    Circuit Court of Appeals, Sixth Circuit.
    Jan. 11, 1939.
    Fay, Oberlin & Fay, of Cleveland, Ohio, for appellant.
    Gardner & Spilka, of Cleveland, Ohio, for appellees.
    Before HICKS, SIMONS, and ALLEN, Circuit Judges.
   PER CURIAM.

Upon stipulation of the parties and the showing therein made that this cause has become moot, by reason of settlement out of court, it is hereby ordered: (1) That the appeal in this cause, D.C., 17 F.Supp. 159, be dismissed without costs to either party; (2) that the appeal bond executed by appellant and sureties be cancelled and the liability of the obligors discharged; and (3) that an order in accordance with the foregoing may be forthwith entered herein and in the District Court from which said appeal was taken.  