DRIVER, Chief Judge.
Plaintiff filed a motion for summary judgment and, on the same day, defendants filed a similar motion. The motions are based upon the pleadings, a stipulation of the parties, admissions of the defendants under Rule 36, Fed.Rules Civ.Proc. 28 U.S.C.A., and the deposition of the individual who is the president of each of defendant corporations. From such sources the following undisputed facts appear:
On April 1, 1949, defendants were engaged...
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