¶1Before PARDEE and McCORMICK, Circuit Judges, and NEWMAN, District Judge.
¶3In Error to the Circuit Court of the United States for (he Western District of Texas.
¶5AVlien this case was last before the supreme court of tlie United States (16 Sup. Ct. 695), the contract upon which the plaintiff in error sues was fully examined, considered, and construed, leaving, in our opinion, no ground upon which Russ, plaintiff below, plaintiff in error here, can maintain a suit thereon. The judgment of the circuit court was to this effect, and is affirmed.