No. 2738.Circuit Court of Appeals, Tenth Circuit.
June 12, 1943.
Appeal from the District Court of the United States for the Eastern District of Oklahoma.
W.E. Utterback, of Durant, Okla., for appellant.
Cleon A. Summers, U.S. Atty., of Muskogee, Okla., for appellee.
Before PHILLIPS and MURRAH, Circuit Judges.
PER CURIAM.
Cause remanded to the district court for the purpose of authorizing and empowering said district court to entertain and determine a motion for a new trial, on grounds of newly discovered evidence.
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