Legal Opinion

National Acceptance Company of America v. Joseph S. Bathalter, Jr.

Court of Appeals for the Seventh Circuit

Decided April 20, 1983No. 80-2360PublishedCited by 88 opinions

1Opinion of the Court

FAIRCHILD, Senior Circuit Judge.

This case presents the question whether a civil defendant’s assertion of his Fifth Amendment privilege against self-incrimination in answer to averments in the plaintiff’s complaint may properly be deemed an admission of those averments pursuant to F.R.Civ.P. 8(d). 1 The district court held it could and granted judgment on the pleadings in favor of the plaintiff. We reverse.

I

Plaintiff National Acceptance Company of America (NAC) is a commercial finance corporation domiciled in Delaware and based in Chicago. Its detailed complaint alleges that defendant Joseph…

2Cases cited21 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Malloy v. HoganSupreme Court of the United States · 1964
  4. Baxter v. PalmigianoSupreme Court of the United States · 1976
  5. Hoffman v. United StatesSupreme Court of the United States · 1951

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3Cited by88 opinions

  1. Jane Doe, a Minor, by and Through Her Guardian and Mother, Alisa Rudy-Glanzer v. Elroy "Bud" Glazer, an IndividualCourt of Appeals for the Ninth Circuit · 2000
  2. Mohammed A. Kamel, D/B/A Al Muraa Establishment v. Hill-Rom Company, Inc. And Elias Ephrem Abou-ChedidCourt of Appeals for the Seventh Circuit · 1997
  3. Lasalle Bank Lake View, an Illinois Banking Corporation v. Rafael Seguban and Ellen SegubanCourt of Appeals for the Seventh Circuit · 1995
  4. Securities And Exchange Commission v. Graystone Nash, Inc.Court of Appeals for the Third Circuit · 1994
  5. Rivera v. GuevaraDistrict Court, E.D. Illinois · 2018

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