CALEB M. WRIGHT, Chief Judge.
There are two motions before the court: one is plaintiff's motion seeking leave to amend his complaint and the other is defendant's motion for summary judgment. The facts which give rise to these two motions will be set out at some length because, although one single determination is the key to both motions, courts have arrived at conflicting answers based upon slight variations in facts.
On April 7, 1961, James W. Martz, Jr....
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