. .It appearing, to thecourt from petition of appellant, Jake N. Johnston, filed herein, -which is agreed to by the appellee, ; United States of America, that this cause involves the identical question, presented to this court in the case of Carson Howard' V. United States, of America, 97. F.2d 987, it is ordered that this cause be reversed and remanded to the District Court for .further proceedings therein not inconsistent with the opinion in the .Howard Case.