Pittsburgh Railways Company, a Pennsylvania Corporation v. The Equitable Life Assurance Society of the United States, a New York Corporation

GOODRICH, Circuit Judge.

This is an appeal from a summary judgment entered for the defendant in a contract case. The parties are in federal court by reason of diversity only; the plaintiff is a Pennsylvania corporation and the defendant a New York corporation. The trial judge, in an opinion which carefully analyzed the transactions between the parties, found as a fact that there was “no genuine issue as to any material facts” and, therefore, entered summary judgment.

It should be added, also, that the plaintiff in his brief concedes that “ * * * there is no dispute as to the facts and…