MOORE, Circuit Judge:
Plaintiff Middle Atlantic Utilities Co., a Delaware corporation, is the assignee of the claim of Rock Hill Sewerage Disposal Corporation (hereinafter Rock Hill), a New York corporation. Defendant is the S. M. W. Development Corp. (hereinafter S. M. W.), a New York corporation. Jurisdiction is based on the diversity of citizenship. 28 U.S.C. § 1332 (1964).
I.
On October 19, 1960, Rock Hill applied to the Town of Thompson...
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