Younker v. Disabled American Veterans Service Foundation

ABRUZZO, District Judge.

In this action the defendant makes a motion for summary judgment and for an order of dismissal of the complaint. The plaintiff entered a contest in the Annual Award Puzzle Contest of Skill conducted by the defendants in 1950. In his complaint the plaintiff’s first cause of action is apparently based upon the theory that he was entitled to the prize of $50,000 in that he made the highest score, and the second cause of action is grounded in fraud.

The plaintiff was bound by Official Rule 7 and Official Rule 8. Official Rule 8 contains this clause:

“ * * * each contestant…