MEMORANDUM OPINION AND ORDER
Neese, District Judge.
This action was set for pretrial conference on February 17, 1969. On February 10, 1969, the defendant and plaintiff-by-counterclaim moved for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure. At the pretrial conference, adjourned to April 3, 1969, the Court was uncertain of its jurisdiction and declined to proceed further with either the pretrial...
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