This cause was argued together with No. 1,098, Gilbert et al. v. Hopkins et al., 204 Fed. 196, as resting upon the same facts, and as determined by the same conclusions of law. It follows that the opinion filed in that ease must be taken also as filed in this, and the judgment below in this cause must be reversed, and the cause remanded to the District Court of the United States for the Western District of North Carolina for a new trial, in accordance with such opinion.

Reversed.