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

*686 Now, therefore, it is ordered, adjudged and decreed that the judgment of the District Court be and the same is affirmed upon the opinion of Judge McNamee granting Appellees’ motion for summary judgment, reported in Connelly v. Balkwill, 174 F.Supp. 49.