This cause was heard upon the transcript of the record, briefs and arguments of counsel. It was heard below by the District Judge without the intervention of a jury. The Judge filed an opinion including findnigs of fact and conclusions of law. D.C. *260 94 F.Supp. 33. The findings of fact are not dearly erroneous.

It is therefore ordered and adjudged that the judgment appealed from be and the same is in all things affirmed upon the grounds and for the reasons set forth in the decision of the district court, including the findings of fact and conclusions of law filed February 15, 1949.

The appellee is not entitled to additional relief by way of special damages as set out in his brief. There was no cross appeal.

Judgment affirmed.