SWEENEY, Chief Judge.
There is before me a Motion for Summary Judgment filed by the defendants. This motion was filed on January 11, 1954, after many depositions had been taken. As opposed to the motion and the testimony adduced at the taking of the depositions, the plaintiff has filed an affidavit in which one Louis Bandler says "we were at all times ready, willing and able to consummate the deal * *." This affidavit was made on July 8, 1953. As the action had only...
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