Bowles v. Cabot

FRANK, Circuit Judge.

The verified complaint of the Provisional Government which was attached to the defendants’ motion to dismiss said (a) that the trucks were bought “for export to plaintiff’s colonies” and (b) for use or consumption other than in the course of trade or business.”

The possibility of treating the defendants’ motion to dismiss as a plea for summary judgment on the basis of the affidavit, in the form of the Provisional Government’s sworn complaint attached to the defendants’ motion papers was not urged upon us, nor was it considered by the court below. Had the motion been so…