DeKalb Agresearch, Inc. v. Abbott

MEMORANDUM OF OPINION

POINTER, District Judge.

This cause arises upon motion of DeKalb, counterclaim defendant, for summary judgment pursuant to Rule 56, F.R.C.P. It is without dispute that the contract attached to counterclaim defendant’s motion is a true copy of the written agreement between the parties with respect to the subject matter which gives rise to this litigation.

The court, having studied the pleadings, depositions, answers to interrogatories, and the affidavits on file, together with the briefs of the parties pursuant to said motion, is of the opinion that there is no genuine issue…