MANSFIELD, District Judge.
In this diversity suit by a husband and wife for personal injuries to both of them caused by an automobile collision in Dutchess County, New York, plaintiffs move pursuant to Rule 56(c), F.R.Civ.P., for summary judgment on the issue of liability. The material facts not in dispute, as revealed in the affidavits of the parties, are as follows:
Shortly after 5:00 P.M. on April 19, 1966, plaintiff Robert Mertens, a Vermont resident,...
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