This matter comes before the Court on motions by both parties for summary judgment under rule 56 of the Fed.R.Civ. P., 28 U.S.C.A.
After the motions for summary judgment were filed, a stipulation of facts was entered into, the material averments of which are succinctly stated as follows:
One Ralph Capehart, an individual doing business under the firm name and style of Anchorage...
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