Garden City Chamber of Commerce Inc. v. Wagner

BYERS, District Judge.

There have been referred to the undersigned two motions in this cause, the first is “for judgment on the pleadings in favor of defendant, and for summary judgment, pursuant to Rules 12c and 56 of the Federal Rules [of Civil Procedure, 28 U.S.C. A.] in that there is no genuine issue as to any material facts, and that defendant is entitled to judgment as a matter of law.”

The second and later made by plaintiffs iS for summary judgment “striking out the defendant’s answer and granting judgment for the plaintiffs in accordance with their prayer * * * in that there is no…