This case came on for hearing upon the record, briefs and arguments of counsel, and it appearing that it arises out of the same state of facts as Barbour v. Thomas, 6 Cir., 86 F.2d 510, a class suit decided by this Court, and it appearing that a motion that the Comptroller of the Currency of the United States be made a party to this suit was denied and no appeal taken therefrom, it is ordered and adjudged that the order and judgment of the District Court be - affirmed.