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UNITED STATES v. CITY OF PHILADELPHIA

Nos. 8354, 8404.

140 F.2d 406 (1944)

UNITED STATES v. CITY OF PHILADELPHIA et al.

Circuit Court of Appeals, Third Circuit.

Decided January 7, 1944.

Attorney(s) appearing for the Case

Robert T. McCracken, of Philadelphia, Pa. (William H. Lathrop, Samuel Fessenden, Robert McCay Green, City Sol., and Michael D. Hayes, Asst. City Sol., all of Philadelphia, Pa., on the brief), for appellants.

S. Billingsley Hill, of Washington, D.C., (Norman M. Littell, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., and Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before JONES, GOODRICH, and McLAUGHLIN, Circuit Judges.

JONES, Circuit Judge.

On motion under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the District Court summarily entered judgment for the plaintiff on the pleadings. The defendants have severally appealed. The questions involved are (1) whether a material issue of fact was raised by the pleadings and, if not, (2) whether the well pleaded averments of the complaint and the amendment justify the action taken by the court below.

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