Levering

This is the second appeal in this action. The opinion in the first appeal is reported in (C. C. A.) 50 F.(2d) 151 . The order of the court was a simple reversal of the judgment, but, in .conformity with the practice in this circuit, the formal reversal was followed by a mandate to the trial court in the usual form directing it to proceed with the matter in conformity with the decision of this court. The action is one at law. A jury was waived upon the former trial, and special findings wore made by the court and judgment thereon rendered in favor of the present appellants. On the previous appeal the sole question presented was as to the effect of certain executed parol agreements shown by nneon-tradicted evidence to have been entered into by Levering. The trial court was of the view that such agreements were not binding upon Levering, and that consequently his payment to those who had purchased stock from him was voluntary and ho could not claim that such payment constituted a loss or damage recoverable against the present appellants who had executed bonds to protect him against loss. After the mandate of this court had been filed in the lower court the present appellants moved…