ORDER
McMANUS, Chief Judge.
This matter is before the court on defendant's motions to dismiss the complaint, as originally filed and as amended, and to dismiss the class action; and on motions by both plaintiff and defendant for summary judgment. All motions have been resisted and both parties have submitted extensive briefs and affidavits in support of their respective positions.
In his complaint plaintiff alleges that on or about July 29, 1971...
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