Circuit Judge
(concurring).
I place my concurrence in the foregoing opinion of Judge BOOTH more specifically upon the ground that the history of this litigation makes the rule announced on the first appeal peculiarly applicable as the law of the ease. Standard Accident Insurance Company v. Rossi (C. C. A. 8) 52 F.(2d) 547, 549; Anderson v. Messenger (C. C. A. 6) 158 F. 250.