This cause was heard upon the record, briefs and argument of counsel;

And the Court being of the opinion that the ruling is controlled by Steinbeck v. John Hauck Brewing Co., 7 Ohio App. 18 and Turoff v. Richmond, 76 Ohio App. 83, 61 N.E.2d 486. See also: Den Braven v. Public Service Electric & Gas Co., 115 N.J.L. 543, 181 A. 46; Abar v. Ramsey Motor Service, 195 Minn. 597, 263 N.W. 917; Bennett v. McGoldrick-Sanderson Co., 15 Wash.2d 130, 142-144, 129 P.2d 795.

On the authority of said cases and for the reasons stated by the District Judge in his Memorandum Opinion, it is ordered that the Judgment of the District Court he affirmed. 90 F.Supp. 561.