VANDYKE v. FAVINI

No. 104.

28 F.Supp. 172 (1939)

VANDYKE v. FAVINI et al.

District Court, M. D. Pennsylvania.

June 30, 1939.


Attorney(s) appearing for the Case

Martin J. Kushmerick, of Scranton, Pa., for plaintiff.

John Memolo, of Scranton, Pa., for defendants.


JOHNSON, District Judge.

This is a motion by plaintiff for summary judgment under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The pleadings consist of a complaint, an answer, requests and counter-requests for the admission of facts under Rule 36, and an answer to plaintiff's request for admissions. It was agreed by counsel for all parties that, under the pleadings and admissions, there is no genuine issue of material fact, and that...

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