MEMORANDUM OF DECISION
ORMA R. SMITH, District Judge.
The action sub judice was set for hearing on defendant's motion for summary judgment at 2:00 P.M., on December 1, 1980, at the United States Courthouse in Aberdeen, Mississippi. Before the time for the hearing, counsel for the parties notified the court of an agreement to submit the case without oral argument and on the record as reflected by the jacket file.
After a consideration of the matter...
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