Roberson Lumber Co. v. United States

In August 1981, the plaintiff filed its petition under Rule 36 and, in September, filed the required motion for production of documents. Ct. Cl. R. 36. The defendant has moved to dismiss on the grounds that the plaintiffs petition is not a proper Rule 36 petition and that, under 28 U.S.C. §1500 (1976), the court lacks jurisdiction because of a pending suit in the United States Court of Appeals for the Tenth Circuit. We agree that the petition is improper under Rule 36. We do not dismiss it, however, but treat it instead as a Rule 35 petition. We defer consideration of the section 1500 issue.

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