WORTENDYKE, District Judge.
Upon due notice to the plaintiff herein, the defendants have moved this Court for summary judgment in their favor, pursuant to the provisions of F.R.Civ.P. rule 56(b), and upon return of the notice, argument was heard upon the motion. At the conclusion of argument decision was reserved.
From the pleadings, affidavits, requests for admissions and exhibits thereto annexed, the following uncontroverted facts appear.
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