This case came on to be heard upon the record and briefs and oral argument of counsel.

And it appearing that the District Court did not err in permitting the appellee to file an amendment to the complaint, and that the court correctly found that there was no genuine issue as to any material *366 fact and no controversial issue of fact to be submitted to the jury:

It is ordered that the judgment of the District Court entered August 29, 1950, be, and it hereby is, affirmed.