United States v. Gotham Pharmacal Corp.

MANDELBAUM, District Judge.

The plaintiff moves for summary judgment pursuant tó Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, urging that there is no genuine issue as to any material fact and is entitled to judgment as a matter of law.

The sole opposition by the defendant, St. Paul Mercury Indemnity Company of St. Paul, to the application is that it does not know, and has been unable to learn, any of the salient facts with respect to the allegations of the moving papers. That this assertion is not sham is quite evident from the government’s moving…