MULLINS, District Judge.
This cause coming on to be heard was submitted for a final judgment or decree on June 21, 1944, upon the complaint as amended and the answer thereto as amended, the oral testimony of C. A. Smith and R. S. Heard, witnesses on behalf of the plaintiff, exhibits to the testimony of such witnesses, and the written stipulation of the parties filed in this cause on said date.
The court finds the following facts in said cause, namely:
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