L. HAND, Circuit Judge.
The plaintiff appeals from a judgment summarily dismissing his complaint upon affidavits and before answer under Rule 56(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The complaint was in two counts; the first, to recover the reasonable value of services rendered by the plaintiff to the defendant in performance of a written contract; the second, to recover for the same services on a quantum meruit. The motion was...
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