WYZANSKI, District Judge.
This case is before the court upon (1) plaintiff's complaint, as amended April 3, 1945; (2) defendant's answer of June 26, 1944; (3) an agreed statement of facts filed in open court March 20, 1945; (4) defendant's affidavit as to his domicile, filed April 25, 1945, which plaintiff's counsel in open court agreed might be taken as evidence; and (5) defendant's motion for summary judgment filed March 19, 1945. Defendant also made a motion to...
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