McCrate v. Morgan Packing Co.

KLOEB, District Judge.

Under date of January 10, 1939, and after the pleadings in the above case were closed, the plaintiff served upon the defendants her requests for admissions under Rule 36 by mailing a copy thereof to defendants’ attorney of record. The requests were that the defendants make admissions of ten certain statements contained in the requests on or before January 25, 1939.

To these requests the defendants filed their motion to strike the requests from the files on January 14, 1939. At this date the defendants have not served upon the plaintiff a sworn statement either denying…