On Motion for Rehearing.
PER CURIAM.From the record before us and the memorandum opinion of the District Court, found at 224 F.Supp. 485, conduct of appellee is revealed which we consider to be tantamount to proof of fraud appearing on the face of the record in this case.
However, it is not clear from this record that such issue of fraud can, as a matter of law, be made applicable to each of claims of indebtedness for which appellant here seeks recovery.
Appellee, by his motion for rehearing, suggests that “remand” of this case be now made so that “the Trial Judge” be allow (ed) to make specific findings of fact” in respect to each such account “in order to determine whether the rule of fraud as defined by this Court is applicable to” each such claim.
In the interest of justice, the last full paragraph of the opinion is hereby stricken, and the following inserted in lieu thereof:
The order dismissing the plaintiff’s complaint is reversed and the cause is hereby remanded with direction to the District Court to make specific findings of fact as to fraud, if any, as established in respect to each of the “accounts” at issue in this action, to hear additional evidence, if necessary in order to support its findings, and enter final judgment accordingly.