Pittsburgh Hotels Ass'n v. Urban Redevelopment Authority

MARSH, District Judge.

In this action the defendants, without filing an answer to the complaint, moved for summary judgment with supporting affidavit; the plaintiffs did not file any opposing affidavits. At the hearing it seemed that none of the material facts were in dispute and the case was ripe for decision. Subsequently, however, defendants without leave of court, filed another supporting affidavit; plaintiffs, *513upon being given an opportunity to oppose defendants’ post-hearing affidavit, requested discovery. Being of the opinion that a decision should be made on the pleadings and…