McLELLAN, District Judge.
Pursuant to Rule 56 of the federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the defendant moves for summary judgment. The arguments upon the motion, which is supported by an affidavit, were heard today.
At the outset it should be stated that no attempt is here made to determine what the alleged defense should be called. It is unnecessary to decide whether to call it res judicata or estoppel by judgment. See Cromwell...
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