District Court, S.D. New York December 15, 1948, Civ. 46-394 (T. G. Cooper & Co. v. Brice)

HULBERT, District Judge.

Plaintiff, a Pennsylvania corporation, domiciled in Philadelphia, Pa., has moved for summary judgment pursuant to rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A.

Defendant is a native of France but resident of this district.

The complaint, filed June 21, 1948, sets forth ten “Counts”.

It is alleged in Count 1:

“5.