The above cause coming on to be heard upon the transcript of the record, the briefs of the parties, and the argument of counsel in open court, and the court being duly advised,

Now, therefore, it is ordered, adjudged, and decreed that the judgment of the district court be and is hereby affirmed upon the authority of Pigott v. Detroit, Toledo & Ironton Railroad Co., 6 Cir., 221 F.2d 736.