SWEENEY, Chief Judge.
Each of the three defendants has filed a motion for judgment on the pleadings. I am satisfied that on Count One the two Rothenberg defendants are properly charged in an action for rescission and the motions as to this count are denied as to them. Since it appears that the defendant Bergson was not a party to the contract, an action for rescission cannot be maintained against him and his motion for judgment on the first count is allowed.
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