HIGGINBOTHAM, District Judge.
This matter is before the Court on cross motions for summary judgment on the first and second counts of plaintiff's Complaint, and on defendant's motion to dismiss the third count for failure to state a cause of action.
I.
The first two counts allege defendant's breach of a tripartite agreement entered into on July 25, 1957, by Dyotherm Corporation, Turbo Machine Company, and Messrs. Grant H. and Harry E. Brewin.
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