CONGER, District Judge.
Plaintiff has moved for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, because, as it contends, the pleadings, affidavits and papers submitted on this motion show that there is no genuine issue as to any material fact and that plaintiff is entitled to judgment as a matter of law. Alternative relief was asked for in the moving papers, i. e., to strike out the answer because defendant...
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