LEIBELL, District Judge.
Plaintiff has filed a motion for summary judgment — "* * * on the ground that the pleadings, affidavits, memos of law, Court orders, transcript of evidence of hearings had heretofore before the defendant herein on file in this action shows that there is no genuine issue as to any material fact and none of the defenses set forth in the answer is sufficient in law and that plaintiff is entitled to a judgment against the Todd Shipyards...
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