Continental Gin Co. v. Freeman

CLAYTON, District Judge.

This diversity suit1 is before the court on a complaint in two counts, answer and counterclaim, plaintiff’s motion for judgment on the pleadings, or, in the alternative for summary judgment, defendant’s motion for summary judgment, certain affidavits, discovery deposition of John H. Freeman and briefs of the parties. Since matters outside the pleadings, which affect disposition of all motions, have been considered, all the motions will be considered as motions for summary judgment. Rule 12(c), Federal Rules of Civil Procedure.

I

Count I of the complaint is on a written…