On the authority of Garlin v. Currie, 5 Cir., 1950, 185 F.2d 401, the judgment is reversed and remanded for further and not inconsistent proceedings.

I dissent for the reasons stated by the court in Fields v. Washington, 3 Cir., 173 F.2d 701, and by Judge Minton in his dissenting opinion in Adler v. Northern Hotel Company, 7 Cir., 175 F.2d 619, 622.