Opinion
No. 3778.
June 28, 1935.
On Appeal to Superintend and Revise, in Matter of Law, Proceedings of the District Court of the United States for the District of Maryland, at Baltimore.
For original opinion, see 76 F.2d 628.
For opinion below, see 7 F. Supp. 665.
Morton P. Fisher and Allan H. Fisher, both of Baltimore, Md. (A. Freeborn Brown, of Bel Air, Md., on the brief), for appellant.
Wade 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.
Herbert Levy, of Baltimore, Md. (Morris Rosenberg, of Baltimore, Md., on the brief), for appellees John D. Worthington and Annie McC. Worthington, his wife.
Edwin A. Krauthoff, of Chicago, Ill., amicus curiæ.
Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.
A 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.
Affirmed.