The pertinent facts in this appeal are ■similar to those in United States of America v. Lindholm et al. (C. C. A.) 79 F.(2d) 784, this day decided. The only difference worthy of mention is that instead of failing to file affidavits opposing plaintiffs motion for summary judgment, the appellant in the present case submitted defensive affidavits which were deemed insufficient.

For the reasons given in _the opinion in the former case, the judgment herein is reversed.