VAUGHN, Judge.
Although the judgment from which plaintiffs appeal is described as a "summary judgment," it is perfectly clear that the attorneys and the judge treated the proceeding as a trial before the judge on an agreed statement of facts. On oral argument the attorneys agreed that all of the essential facts were stipulated and only questions of law were presented.
Plaintiffs, of course, had the burden of proof. It was, therefore, incumbent upon them to...
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