GEIGER, District Judge.
The parties, by consent, submit questions of law arising on the pleadings; and, although not so announced, it would seem that in effect they have submitted to a consideration of the case as upon motions for judgment upon or demurrers to pleadings. That is to say, the questions touch vital elements of plaintiffs' asserted cause of action, and the defenses set up in the answer; and the court is willing to consider them as appropriately raised...
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