United States v. Mitchell

LEIBELL, District Judge.

The plaintiff moves for an order striking certain denials of defendant’s answer as being frivolous, and also a special defense pleaded therein, and for an order granting plaintiff a summary judgment for $35,000 and interest.

The United States commenced this action on April 14, 1949, pursuant to section 403(c) of the Renegotiation Act of 1942, as amended, 50 U.S.C.A.Appendix, § 1191 (c), to recover $272,700 plus interest thereon at the rate of 6% per annum from August 26, 1948.

The complaint alleges the following facts: Defendant was notified by registered mail on…