United States v. Brandt

PRAY, District Judge.

The above entitled cause is before the court on the motions of plaintiff to strike the amended answer from the files, and for summary judgment against the defendants. The motions were argued orally by counsel for the respective parties, and twenty days were allowed for briefs, which were later filed, and the case thereafter submitted to the court for decision.

The proceeding for summary judgment was initiated following the failure of defendants to respond to the request of plaintiff under Rule 36 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c,…