WYMAN, District Judge.
A careful consideration of the pleadings and files in the above entitled action, and an examination of the briefs submitted and the rules therein cited, convinces me that under the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, now in force, the plaintiff's motion for summary judgment should be granted.
Notwithstanding defendant's contention and averments in the answer to the contrary, the affidavits on file conclusively...
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