THOMAS, District Judge.
This cause coming on to be heard on the motion filed by the plaintiff for summary judgment with respect to the "Third Claim" and with respect to the "Fourth Claim" of the complainant and upon the counter-motion filed by the defendant for summary judgment with respect to each of said claims, and upon the agreement of the parties that each of said motions be submitted on the facts alleged in said complaint and admitted in answer of the respondent...
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