
    The State, ex rel. Davis et al., Appellants, v. Industrial Commission of Ohio et al., Appellees.
    (No. 26914
    Decided July 6, 1938.)
    
      Mr. Edward T. Lombardo and Messrs. Cowan, Adams & Adams, for appellants.
    
      Mr. Herbert S. Duffy, attorney general, Mr. Eugene Carlin and Messrs. Smith, Francis & Irvine, for appellees.
   It appearing that the judges of the court are equally divided in opinion as to the merits of this case (one judge not participating) and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that said judgment be affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman and Myers, JJ., concur.

Matthias, J., not participating.  