JONES, District Judge.
Action against attorney to recover damages for alleged negligence in defending a lawsuit. A motion for summary judgment was granted and an appeal taken. We hold that fact questions precluding summary judgment were presented. Reversed.
If the affidavits filed by the parties, in support of and against the motion, are to be conclusive on the question presented, one can readily conclude that no justiciable issue of fact remained to be resolved...
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