YANKWICH, District Judge (after stating facts as above).
The motion of the defendant for summary judgment in its favor as to each and every claim asserted against it in the plaintiff's amended complaint, filed August 9, 1941, and heretofore argued and submitted, is now granted upon the ground that, by the terms of the contract for the sale of machinery, dated February 14, 1938, the plaintiff has waived the damages it now seeks to recover.
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