TENNEY, District Judge.
Defendants S. W. Farber, Inc., and Hoyt K. Foster move herein for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, contending that there is no dispute between the parties as to any material question of fact. In opposition, plaintiff points to facts which it contends are material to the within action and which are in dispute. Plaintiff's contentions have merit and the motion will accordingly be denied.
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