Accordingly, therefore, it is my feeling that the change in the applicable statute, on the facts of this case, allows plaintiff to enforce the agreement entered into on July 14, 1944. My reasons for so holding are stated in the opinion of February 1st, and it does not now appear to me to matter whether the agreement was entered into at the suggestion of a judge or in the manner described in the instrument itself. The original complaint in this action was brought against the government and the relief sought was the recovery of the money due plaintiff under the insurance policy. The cross-claim brought against Helen Rickards, asks, in effect, for specific enforcement of the agreement of July 14, 1944, and a judgment of $ 10,000, in addition. Whether an order directed to Helen Rickards is necessary or proper cannot be decided on this record. It may be that no further papers need be filed by her to enable the Veterans Administration to put the assignment into effect. In that event, an order directing the government to pay the benefits to plaintiff will make it unnecessary to order Helen Rickards to do anything and will grant the relief prayed for by the government in its counterclaim for interpleader. In addition, if further action on the part of Helen Rickards is necessary, it might be necessary to establish that a remedy of damages is so inadequate as to justify specific performance. Therefore, I think that the most that can properly be done now would be less than a complete disposal of the case. The Circuit Court of Appeals for this Circuit has only recently pointed out that there can actually be no 'partial summary judgment'. See Coffman v. Federal Laboratories, 3 Cir., 171 F.2d 94, 98. At the time of trial of the other issues in the case or at some future hearing when judgment in the whole proceeding can be entered, my interpretation of the validity of the agreement can acquire binding force. Until then, it is analogous to a pre-trial order. See Coffman v. Federal Laboratories, supra.