DYER, Chief Judge.
This case came on for trial before the Court sitting without a jury on November 18, 1965. At the close of the plaintiff's case in chief the defendant moved for dismissal of the complaint and the intervenor moved for judgment in its favor on its complaint in intervention. The Court granted both motions and, pursuant to Rule 52 of the Federal Rules of Civil Procedure, makes the following findings of fact and conclusions of law with respect thereto...
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