United States v. Kelley

*434MEMORANDUM AND ORDER

NOEL, District Judge.

The United States brought this action to collect the balance due on a Veterans Administration guaranteed loan. Defendants defaulted, and judgment was entered. Thereafter, in United States v. McWhirter, 376 F.2d 102 (5th Cir. 1967), the Court of Appeals for the Fifth Circuit decided that Rule 69(a) of the Federal Rules of Civil Procedure authorized a judgment creditor to propound interrogatories under Rule 33 and obtain a court order if the judgment debtor refused to answer them.

Following this decision the United States mailed a set of interrogatories…