FRANKEL, District Judge.
In this action by a contract motor carrier for claimed transportation charges, defendant has moved for dismissal under Rule 12(b) (6), Fed.R.Civ.P. Affidavits have supplied undisputed facts making it appropriate to dispose of the motion as one for summary judgment under Rule 56.
I.
On December 14, 1962, the parties made a written agreement, effective from January 2, 1963, but subject to plaintiff's obtaining a permit from...
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