LYNNE, District Judge.
This cause, coming on to be heard, was submitted upon defendant's motion for a summary judgment pursuant to the provisions of Federal Rules of Civil Procedure, Rule 56, 28 U.S.C.A., the plaintiff, in open court, having waived the requirement of such Rule with reference to service of the motion at least ten days before the time fixed for the hearing thereon.
It appears to the court from the pleadings and admissions on file, together with...
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