Farmer's Irr. Dist. v. New York Trust Co.

CARRAND, Circuit Judge. The judgment from which this appeal was taken was not a final judgment. It did not become final until the trial court finally passed upon the equitable defense of appellant. The same questions which are raised on this appeal have been considered in No. 5916, being the cross-appeal of appellant in No. 5915, 280 Fed. 785. This appeal is therefore dismissed, with costs.