Southard v. Pennsylvania Railroad

WOOD, District Judge.

This is a Motion for Sanctions pursuant to the provisions of Rule 37 of the Federal Rules of Civil Procedure, 28 U.S. C.A.1 *457Plaintiff contends that defendant wilfully filed false answers to plaintiff’s interrogatories. Plaintiff requests, therefore, that judgment in his favor be entered in this case.

We conclude, from a study of the interrogatories and answers in issue here and from oral argument by the attorneys, that the defendant answered in good faith, intending neither to mislead plaintiff nor to withhold information requested by plaintiff. We do think, however, that…