District Court, S.D. Indiana May 31, 1957, Civ. No. 3688 (Duling v. Markun)

STECKLER, Chief Judge.

This is the second time the trial court has considered the issues in this cause. On May 20, 1955, this court granted the defendants’ motions for summary judgment based upon the pleadings, affidavits and deposition on file in support of the motions, concluding that there was no genuine issue as to any material fact and that the defendants were entitled to judgment as a