JOHN E. MILLER, District Judge.
A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., has been filed by the defendant and written briefs in support of and in opposition to the motion have been filed by the attorneys for the respective parties.
The motion alleges "that there is no genuine issue as to any material fact and that defendant is entitled to a judgment as a matter of law." It is further alleged that the...
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