Opinion · District Court, D. New Jersey

United States v. Bernauer

10 F.R.D. 400

Type
Opinion
Court
District Court, D. New Jersey
Jurisdiction
New Jersey
Date
1950-04-17
Topic
international-arbitration

FAKE, Chief Judge. This is a motion for summary judgment under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. Tjie record here discloses issues of fact controverted by the answer. The affidavits cannot be read as to their truth when directed to the well-pleaded allegations in either the complaint or the answer. See Hart & Co. v.

Citator

UpLaw has not yet analyzed United States v. Bernauer. The absence of a flag is not a finding that it is good law.

FAKE, Chief Judge.

This is a motion for summary judgment under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A.

Tjie record here discloses issues of fact controverted by the answer.

The affidavits cannot be read as to their truth when directed to the well-pleaded allegations in either the complaint or the answer. See Hart & Co. v. Recordgraph, 3 Cir., 169 F.2d 580; Reynolds Metals v. Metals Disintegrating Co., D. C., 8 F.R.D. 349, affirmed 3 Cir., 176 F.2d 90.

As to the alleged admissions the Court is without sufficient proof to function on the subject of restitution. See my opinion in U. S. v. Sabatino, D. C., 10 F.R.D. 274.

The motion for summary judgment is in all things denied.