MILLER, District Judge.
On October 9, 1944, the defendants, Frank J. Carroll and Gilbert H. Wootten, executors of the estate of Charles A. Rockafellow, deceased, who are the only defendants that have been served with summons, filed their motion to dismiss the alleged cause of action.
Counsel for plaintiff and the defendants asked permission to file written briefs and arguments on the questions presented which permission was granted and the briefs and arguments...
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