In view of the decision of the Supreme Court of Alabama in the case of Massey v. United States Steel Corporation, 86 So.2d 375, decided August 18, 1955, the judgment of the district court dismissing appellant’s complaint is hereby affirmed, subject, however, to the right of either party to apply for revocation of this order and reinstatement of said appeal, and for such further order or judgment as may be necessary or appropriate in the event that the Supreme Court of Alabama should subsequently grant a rehearing on, or otherwise change its said decision on which this order is based.

Affirmed.