When this case was last here we sent it back with directions that judgment be entered for defendant but with authority, however, to grant a new triál if so advised. 5 Cir., 161 F.2d 657. This procedure was merely a remand with directions to enter judgment subject to the trial judge’s discretion in determining whether he would refuse or grant a new trial and having been submitted to his discretionary jurisdiction his order is not appealable.

The appeal is dismissed.