District Court, N.D. Mississippi December 20, 1972, No. EC 72-25 (McPhee v. Oliver Tyrone Corp.)

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action is before the court on defendant's motion for summary judgment.1 The court has considered the record in the action, including affidavits filed by the parties, briefs and arguments of counsel, and now makes the findings of fact and conclusions of law which follow.