Tillman v. Fickencher

EGAN, District Judge.

Pursuant to Federal Rule of Civil Procedure 36, 28 U.S.C., the plaintiff has requested the defendants to admit the truth of some eighteen statements of fact. The defendants have admitted the truth of two of the statements and have objected to the others on the ground that they concern controversial issues of fact which are to be determined by the jury. Counsel submitted briefs and made oral argument on these objections.

Although there are cases to the contrary,1 this Court is of the opinion that the better rule is that the fact that admissions concern controversial issues…