District Court, D. Colorado April 21, 1965, Civ. A. No. 8599 (United-Buckingham Freight Lines v. Riss & Co.)

ARRAJ, Chief Judge.

This matter is before the Court on plaintiff’s motion for summary judgment and motion to strike the “Fourth Defense” of the Amended Answer. Having heard oral argument by counsel, having examined the file and being fully advised in the premises, the Court is of the opinion that both the motion for summary judgment and the motion to strike the “Fourth Defense” should be granted.