MEMORANDUM OPINION AND ORDER
NEESE, District Judge.
This is an action for damages for breach of a policy of fire insurance. The defendant interposed a motion for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure. "* * * The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if
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