MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGENT
ELLIOTT, District Judge.
This is an action for declaratory judgment brought pursuant to the provisions of 28 U.S.C. § 2201. Defendant by way of counterclaim also seeks declaratory judgment. There appears to be no issue concerning any material fact appropriate for consideration in determining the basic issue involved in this case. There is controversy concerning material facts relating to secondary...
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