Sequoia Union High School District v. United States

This appeal is from a summary judgment in favor of appellee, the United States, in a civil action wherein appellee was plaintiff, and appellant, Sequoia Union High School District, was defendant.

Summary judgments are provided for in Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The pertinent provisions of Rule 56 are as follows:

Appellee was a party seeking to recover upon a claim, but no motion for a summary judgment was ever served by appellee.

.The only pleadings in this case were appellee’s complaint and appellant’s answer. No reply was required or permitted. The complaint was filed on February 4, 1955. The answer was filed on March 30, 1955. The complaint contained material allegations which the answer denied. The answer contained material allegations which, though not expressly denied, were taken as denied or avoided.

On March 22, 1956, appellee requested certain admissions of appellant. On March 30, 1956, and April 18, 1956, appellant made some of the admissions so requested, but never admitted those allegations of the complaint which the answer denied. On April 12, 1956, appellant requested certain admissions of appellee. On April 19, 1956, and April…