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NATIONAL ACCEPTANCE CO. OF AMERICA v. BATHALTER

No. 80-2360.

705 F.2d 924 (1983)

NATIONAL ACCEPTANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. Joseph S. BATHALTER, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 20, 1983.

Attorney(s) appearing for the Case

Marvin J. Rosenblum, Chicago, Ill., for defendant-appellant.

James C. Murray, Jr., Steven M. Rasher, Donald E. Egan, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, PELL, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

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...

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