OPINION OF THE COURT
SEITZ, Circuit Judge.
Plaintiff appeals from the dismissal of his declaratory judgment action on the merits.
By a contract dated September 9, 1964, the plaintiff agreed to buy and the defendant agreed to sell certain land owned by it and located on the Island of St. Croix. The purchase price was $33,495.00. The agreement recited that $3,349.50 had been paid to the seller as an earnest money deposit. That money was placed in an...
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