OPINION
FULLAM, District Judge.
Defendant's motion for summary judgment raises novel and perplexing procedural issues. The underlying facts are undisputed:
On Saturday morning, March 13, 1965, Riley Freeman was gravely injured in a waterfront accident. At 10:47 a. m. he was brought to the hospital, unconscious and in critical condition. His wife, Eleanor Freeman, was made aware of the seriousness of the situation and promptly consulted counsel. She...
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