opinion: SOUTHERN HOLDINGS & SECURITIES CORPORATION, Appellant, v. KENTUCKY RIVER COAL CORPORATION, Appellee.
  No. 8241.
  Circuit Court of Appeals, Sixth Circuit.
  June 3, 1940.
  Cleon K. Calvert, of Pineville, Ky., Kent V. Gay, of St. Louis, Mo., S. M. Ward, of Hazard, Ky., and J. G. Bruce, of Washington, D. C., for appellant.
  P. T. Wheeler, of Hazard, Ky., Samuel M. Wilson, of Lexington, Ky., and J. E. Johnson, Jr., of Hazard, Ky., for appellee.
  Before HICKS, SIMONS, and ALLEN, Circuit Judges.
  PER CURIAM.
  This cause was heard upon the entire •record, briefs and oral argument, upon consideration whereof, it is ordered and adjudged that the motion to strike the record and dismiss the appeal filed March 21, 1939, is denied, and the judgment appealed from is affirmed upon the grounds and for rhe reasons stated in the opinion of the District Court filed January 10, 1938, 21 F.Supp. 757.