WILLSON, District Judge.
This case appeared on the March 1956 argument list at Erie. Three motions were heard: (1) defendant's motion for summary judgment under Rule 56, Fed. Rules Civ.Proc. 28 U.S.C.A.; (2) defendant's motion under Rule 12 to strike plaintiff's "Reply and Counterclaim"; and (3) defendant's objections to certain interrogatories propounded by plaintiff. As defendant's first motion will be granted it is unnecessary to comment on motions (2) and (3)...
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