This case was heard upon the record and briefs, whereupon, it is ordered and adjudged that the decree of March 23, 1937, dismissing appellant’s amended bill and herein appealed from, be and the same is reversed upon the authority of Martin v. National Surety Co., 300 U.S. 588, 57 S.Ct. 531, 81 L.Ed. 822, decided after the entry of the decree in the District Court, and the case is remanded to the Disrtict Court for further proceedings consistent herewith.