National Acceptance Company of America v. Joseph S. Bathalter, Jr.
Court of Appeals for the Seventh Circuit
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
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Malloy v. HoganSupreme Court of the United States · 1964
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Hoffman v. United StatesSupreme Court of the United States · 1951
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3Cited by88 opinions
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- Lasalle Bank Lake View, an Illinois Banking Corporation v. Rafael Seguban and Ellen SegubanCourt of Appeals for the Seventh Circuit · 1995
- Securities And Exchange Commission v. Graystone Nash, Inc.Court of Appeals for the Third Circuit · 1994
- Rivera v. GuevaraDistrict Court, E.D. Illinois · 2018
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