NEALON, District Judge.
The plaintiffs have moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.
The material facts, as stipulated by both parties, are as follows:
Andrew J. Casey and Patrick J. Casey were partners in a business consisting mainly of holding real estate for rent. On the death of each partner the trustee of that partner's residuary estate became a partner. In 1946, both partners
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