MEMORANDUM OPINION
DAUGHERTY, Chief Judge.
The parties hereto agreed as shown by the Pre-Trial Conference Order filed herein on January 3, 1973, that the issues involved in this litigation would be separated with the Court to try the first set of issues at a non-jury hearing with the remaining issues to be tried at a later date before a jury.
The three non-jury issues as set out in the Pre-Trial Conference Order are:
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