SWITZER, District Judge.
At a pretrial conference it was agreed that Paragraph 4 of the motion of the defendant filed herein to dismiss the complaint should be considered as the answer of the defendant. Each of the parties by further stipulation and agreement voluntarily struck out all other pleadings and extraneous matters theretofore filed by them, except the complaint and answer, and upon the issues thus joined evidence was taken and trial had. The matter was orally...
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