#### Philadelphia and Reading Coal and Iron Company, Appellee, v. Calumet Shipyard and Dry Dock Company, Appellant.

Gen. No. 44,448.

*143Robert Eranand, Jr., Frederick A. Thulin, and Irving G. Brown, for appellant;

Martin, Ullmann & Brown, for appellee; Henry T. Martin and Bruce E. Brown, of counsel.

Opinion filed November 1, 1949;

rehearing denied November 23, 1949;

released for publication November 23, 1949.

Opinion by Not to be published in full.

Justice Scanlan.