Vandyke v. Favini

JOHNSON, District Judge.

This is a motion by plaintiff for summary judgment under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The pleadings consist of a complaint, an answer, requests and counter-requests for the admission of facts under Rule 36, and an answer to plaintiff’s request for admissions. It was agreed by counsel for all parties that, under the pleadings and admissions, there is no genuine issue of material fact, and that the court may dispose of the case by summary judgment under Rule 56.

The action is brought by the Receiver of the insolvent…