Becker v. Buder

HULEN, District Judge.

We have heretofore (October 15, 1948, 79 F.Supp. 315) filed memorandum and order on motion of defendants to dismiss in this case. At pre-trial conference (November 19, 1948) the parties stipulated that the ruling heretofore made on motion to dismiss be set aside and the motion resubmitted. At the pre-trial conference the parties stipulated as to certain facts and that the Court should consider such facts, together with exhibits attached to the pretrial conference memorandum, in passing on the resubmitted motion to dismiss. We construe this course of the parties as…