HEMPHILL, District Judge.
On August 29, 1969, defendant filed Notice of Motion for Summary Judgment in accordance with the provisions of Rule 56(b) and (c) of the Federal Rules of Civil Procedure on the ground that there exists no genuine issue of fact between the parties and that defendant is entitled to such relief as a matter of law. The Notice recited that the motion would be based upon the pleadings, the depositions, the answers to defendant's interrogatories...
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