OPINION AND PARTIAL JUDGMENT
TOLEDO, Chief Judge.
The Court has before it plaintiff's motion to vacate this Court's Order dated December 30, 1970 and dismiss defendant's amended counterclaim dated January 12, 1972. The Order of December 30, 1970, vacated a previous Order of this Court dismissing defendant's original counterclaim. A hearing on said motion was held on March 18, 1974 and testimonial and documentary evidence was presented by both parties. The...
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