Demmert

. . , This is an appeal from a summary judgent taken against appellants Demmert and the Miners and Merchants Bank, the latter being an escrow holder,

The suit involves a claim of the City of Klawock for taxes assessed upon a salmon cannery of the Demmerts over the period 1943 to 1951. Prior to the commencement of the swit in June of 1951 the Demmerts had sold the cannery to the United States in trust for a cooperative association composed of Indians. The purchase price was $146,000, of which amount, pursuant to agreement with the Demmerts, a sum said to be representative of the City’s claim for taxes was deposited by the purchasers in escrow with the Bank under conditions later to be considered.

After institution of the suit the City served various requests for admissions on the defendants Demmert pursuant to Rule 36, Fed.Rules Civ.Proc. 28 U.S.C.A. The requests were not answered. Thereafter the City moved for summary judgment under the provisions of Rule 56, the motion being accompanied by affidavits and by various papers and documents which had been obtained through the use of interrogatories served on the representative of the United States who had acted in behalf of the…