One week before this case was set for trial plaintiff filed a motion for summary judgment, the granting of which it can support only by asking the court to take judicial notice of such generalities as would raise a broad and possibly nonexistent issue similar to the one we declined to pass upon unnecessarily in Compania De Ingenieros Y Contratistas, Inc. v. Goldberg, 1 Cir., 1961, 289 F.2d 78, but two weeks before. The plaintiff should know that it is wasted effort to lead a reluctant horse to water.

Judgment will be entered vacating the judgment and restraining order of the District Court and remanding the action for further proceedings not inconsistent herewith.