District Court, E.D. New York April 14, 1952, Civ. No. 11761 (Garden City Chamber of Commerce Inc. v. Wagner)

BYERS, District Judge.

There have been referred to the undersigned two motions in this cause, the first is “for judgment on the pleadings in favor of defendant, and for summary judgment, pursuant to Rules 12c and 56 of the Federal Rules [of Civil Procedure, 28 U.S.C. A.] in that there is no genuine issue as to any material facts, and that defendant is entitled to judgment as a matter of law.