IRVING R. KAUFMAN, District Judge.
Both parties having moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A., and at the hearing of these motions counsel for defendant conceded that no issue of fact is involved herein nor is there any question present of the credibility of witnesses, Colby v. Klune et al., 2 Cir., 1949,
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