
    ROLLER v. BURKETT et al.
    
    (Circuit Court of Appeals, Fifth Circuit.
    November 30, 1914.)
    No. 2590.
    Appeal from the District Court of the United States for the Eastern District of Texas; Gordon E. Russell, Judge.
    Thomas .1. Gibson, of Mexia, Tex., and John E. Roller, of Harrisonburg, Va., for appellant. Chas. S. Todd, of Texarkana, Tex., and A. D. Preston, of Beckley, W- Va., for appellees.
    Before PARDEE and WADKER, Circuit Judges, and CADD, District Judge.
    
      
       Rehearing denied January 5, 1915.
    
   PER CURIAM.

This case, submitted on a motion to dismiss the appeal and on the merits, having been carefully considered, we conclude that, while there may be some question as to whether the appeal was taken or sued out within the time fixed by the statute, there is no doubt that on the merits of the case the decree of the District Court was correct, and should- be affirmed; and it is so ordered. • ■ .  