MELLOTT, Chief Judge.
The present issues arise on defendant's motion for summary judgment. The action was instituted by the filing in this court, on November 18, 1952, of a complaint seeking judgment on behalf of a citizen of Wisconsin, against a citizen of Kansas, for $150,000 actual, and $100,000 exemplary, damages. Summons was served November 24, 1952. The complaint, as amended, charges:
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