District Court, D. Minnesota March 5, 1952, Civ. 3518 (McClellan v. Montana-Dakota Utilities Co.)

JOYCE, District Judge.

Defendant moves for summary judgment herein on the grqund that there is no genuine issue as to any material fact and that defendant is entitled to judgment as a matter of law; or, in the alternative, if summary judgment is not granted, that the court ascertain what material facts are controverted.