United States v. Whitehouse & Pine, Inc.

DIMOCK, District Judge.

This is a motion, under Rule 56, Fed. Rules Civ.Proc., 28 U.S.C., by the United States of America, plaintiff, for an order striking the answer of Whitehouse & Pine, Inc., defendant, granting summary judgment in favor of plaintiff against defendant and vacating defendant’s notice of deposition served upon plaintiff •and dated January 12,1953.

Subsequent to the date of service of plaintiff’s motion but prior to the agreed date for argument thereof defendant served plaintiff with a cross-motion for leave to amend the answer to the complaint. Upon the consent of the parties…