MAYER, J.
This cause came on to be heard on the motion of the defendant for an order dismissing the complaint and for entry of summary judgment and is made on the grounds that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law as shown by the pleadings and answers to interrogatories served and filed herein. The matter was argued by counsel and submitted to this court on September 4, 1970.
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