Southern Maryland Agricultural Ass'n v. United States

THOMSEN, District Judge.

Defendant Government’s motion for summary judgment, under Rule 56(b), Fed.Rules Civ.Proc., 28 U.S.C.A., raises the question whether there is any material difference between (a) the facts in this case, as set out in the complaint, the affidavit in support of plaintiff’s opposition to motion for summary judgment and the papers and statements received ’ in evidence at the hearing on said motion, and (b) the facts in the case of U. S. v. Maryland Jockey Club of Baltimore City, 4 Cir., 210 F.2d 367, reversing, D.C., 118 F.Supp. 349, certiorari denied 347 U.S. 1014, 74 S.Ct.…