OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
On July 16, 1974, the plaintiff, Mohammed Abdallah, filed a complaint seeking damages against Caribbean Security Agency as the result of the losses sustained in a burglary of plaintiff's store after he had notified defendant that its alarm system was not functioning. Defendant's answer filed September 16, 1974 included a counterclaim alleging that the parties had "entered into a contract regarding a fire alarm...
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