GALSTON, District Judge.
This is a motion made by the plaintiff, pursuant to Rule 56(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. for partial summary judgment with respect to the separate defense set forth in the defendant's answer, on the ground that there is no genuine issue as to any material fact and that the plaintiff is entitled to a judgment as a matter of law.
The action was instituted by the plaintiff as the duly appointed administratrix...
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