Affiliated Enterprises, Inc. v. Courter Amusement Co.

BYERS, District Judge.

The plaintiff moves for an order striking the answer as sham and for summary judgment.

On behalf of the motion, there are submitted an amended complaint (the date of verification of which is not disclosed) which demands judgment in the sum of $1,527.50 with interest from January 6, 1937, and the answer. Upon those pleadings, the court inquired of the plaintiff concerning its theory of the court’s juris*12diction, since less than $3,000 seemed to be involved.

In response, a memorandum was received on March 13, 1940, in which it is recited that the action was originally…