The issues in this case are similar to those in the case of Fairbanks-Morse & Company v. Texas Power & Light Company, No. 5516 of the docket, decided this day, 32 F.(2d) 693.

Oil the authority of that case, the judgment appealed from is reversed, and the case remanded, with instructions to recall and set aside the preliminary injunction and for such other proceedings as may be necessary, not inconsistent with this opinion.