Motion by plaintiff for an order striking out the affirmative defense (Rules Civ. Prac., rule 109) and for summary judgment (Rules Civ. Prac., rule 113). Cross motion by defendant for an order dismissing the amended complaint on the ground that it is insufficient (Rules Civ. Prac., rule 106), that it does not warrant of exercise of discretionary jurisdiction (Rules Civ. Prac., rule 212), for judgment on the pleadings (Rules Civ....
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