A, O. Smith Corporation, a New York Corporation v. Pre-Fab Transit Co., Inc., an Illinois Corporation

SCHNACKENBERG, Circuit Judge.

Pre-Fab Transit Co., Inc., an Illinois corporation, defendant, has appealed from a summary judgment which the district court entered against it in favor of A. O. Smith Corporation, a New York corporation, plaintiff

It is alleged in defendant’s brief that the pleadings (par. 4 of the complaint), depositions and admissions on file (par. 4 of the Roberson affidavit), show that there is a material question of fact and plaintiff is not entitled to a judgment as a matter of law.

Defendant, in summarizing its argument in this court, states that the district court erred in…