FAKE, Chief Judge.
The plaintiff herein moves for summary judgment after answer filed, and the defendant by cross motion seeks to have the complaint dismissed for failure to state a claim upon which a recovery may be had.
The complaint recites the necessary jurisdictional prerequisites and asserts that on February 15, 1947, plaintiff was hired by defendant partnership, C-Eight Laboratories, to act as sole sales agent of electrically operated cigarette vending...
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