¶1For original opinion, see 76 F.(2d) 628.
¶2For opinion below, see 7 F. Supp. 665.
¶3Morton P. Fisher and Allan H. Fisher, both of Baltimore, Md. (A. Freeborn Brown, of Bel Air, Md., on the brief), for appellant.
¶4Wade B. Hampton, of Washington, D. C., and Clarence E. Martin, of Martinsburg, W. Va. (Robinson & Fahey, of Bel Air, Md., on the brief), for appellees Michael W. Fahey, Assignee, and Potomac Joint Stock Land Bank of Alexandria.
¶5Herbert Levy, of Baltimore, Md. (Morris Rosenberg, of Baltimore, Md., on the brief), for appellees John D. Worthington and Annie McC. Worthington, his wife.
¶6Edwin A. Krauthoff, of Chicago, Ill., amicus curiae.
¶7Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.
¶9A rehearing in this case has been granted because of the recent decision of the Supreme Court in Louisville Joint Stock Land Bank v. William W. Radford, Sr., 55 S. Ct. 854, 79 L. Ed. -, holding the Act of June 28, 1934, known as the Frazier-Lemke Act (11 USCA § 203 (s), void because violative of constitutional provisions. This case is clearly ruled by that decision; and, on the authority thereof, our previous decision is set aside and the decision of the court below is affirmed.
¶10Affirmed.