District Court, S.D. New York March 10, 1941 (United States v. Gotham Pharmacal Corp.)

MANDELBAUM, District Judge.

The plaintiff moves for summary judgment pursuant tó Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, urging that there is no genuine issue as to any material fact and is entitled to judgment as a matter of law.

The sole opposition by the defendant, St. Paul Mercury Indemnity Company of St.