United States v. Kellert

HINCKS, Chief Judge.

This is an action brought by the plaintiff under Section 206(b) of the Housing .and Rent Act of 1947, as amended, 50 U.S. C.A. § 1896(b), seeking restitution to a tenant of alleged excess rent demanded and received by defendant’s testate. On August 21, 1950, plaintiff served on the defendant a series of requests for admissions, under Federal Rule 36, 28 U.S.C.A. Eight days later, defendant moved to “dismiss” the plaintiff’s request for admissions. He did not accompany his motion with a notice of hearing nor did he request a hearing on his motion at any later time.…