WEINFELD, District Judge.
In this motion for a declaratory judgment to declare illegal and unenforceable an agreement under which the parties have been operating since 1948 and still are operating, the plaintiff moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., and the defendant cross moves for judgment on the pleadings pursuant to Rule 12(c) of the Rules or in the alternative for summary judgment.
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