RIDGE, Chief Judge.
Defendant moves for summary judgment pursuant to Rule 56, F.R.Civ.P., 28 U.S.C.A., seeking dismissal of plaintiff's complaint and judgment in its favor under Count I of its counterclaim. In its suggestions in opposition thereto, plaintiff states that it has "considered filing a cross-motion for summary judgment," because points 1, 2, 3, and 4, proffered by it in support of its claim against defendant "raise only legal issues and do not involve...
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