HINCKS, District Judge.
This matter is now before the court upon the application of the United Aircraft Corporation under Rule 12(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for a determination of the validity of Aircraft's special defense, contained in Paragraphs 27 and 28 of its answer to the crossclaim, addressed to Paragraphs 28, 29 and 30 of both counts of the cross-claim.
Briefly stated the question thus raised is...
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