Walter W. Johnson Company, a Corporation v. Reconstruction Finance Corporation

On June 28, 1949, in the District Court for the Northern District of California, appellee, Reconstruction Finance Corporation, an agency of the United States, brought an action against Tuolumne Gold Dredging Corporation, a Delaware Corporation, hereafter called Tuolumne, and others. One of Tuolumne’s codefendants was appellant, Walter W. Johnson Company, a Nevada corporation.

The complaint was in two counts. Appellant filed an answer containing five counterclaims. Appellee filed a reply and an amended reply. Thereafter, on October 7, 1952, pursuant to Rule 33 of the Federal Rules of Civil Procedure, 28 U.S.C.A., 68 interrogatories were served on appellant by appellee. On October 17, 1952, answers to the interrogatories were served on appellee by appellant. On November 4, 1952, pursuant to Rule 36(a) of the Federal Rules of Civil Procedure, a request for 21 admissions was served on appellant by appellee. In the request, appellee designated, as the time for such admissions, 10 days after service of the request. The District Court did not allow any longer time. Appellant did not, within the time designated, serve the sworn statement or the written objections mentioned in Rule 36(a).…