United States v. McCulloch

GALSTON, District Judge.

The plaintiff moves to strike out the answer and for summary judgment pursuant to Rule 56, Rule 12, subdivisions (c), (d), (f) and (g), and Rule 5, of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

Rule 56, subdivision (c), in part provides : “The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

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