Viking Press, Inc. v. Goldman

HULBERT, District Judge.

The plaintiff sued the Postmaster of New York, N. Y., for a permanent injunction and moved for a restraining order pendente lite. After the defendant had moved for a summary judgment, before answer, Rule 56 (b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, plaintiff served a second amended complaint. By consent of the parties the motion is to be deemed directed to plaintiff’s last pleading. Plaintiff has also served a cross motion for summary judgment which does not accord with Rule 56 (a) as no answer has been served. If the defendant’s motion…