PATTERSON, District Judge.
The plaintiff moves for summary judgment under rule 113 of the Rules of Civil Practice of New York, on the ground that there is no substantial defense to the action. This remedy may be availed of in an action at law in the United States courts, under the Conformity Act (28 USCA § 724). Hess & Bro. v. Small (D. C.) 288 F. 995; Massee & Felton Lumber Co. v. Benenson (D. C.)
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