STATE OF MARYLAND v. KEMP

Civ. No. 12702.

194 F.Supp. 838 (1961)

STATE OF MARYLAND, to the Use of Nancy K. SUMMERLIN, Surviving Mother of John D. McCombs and Nancy K. Summerlin, Administratrix of the Estate of John D. McCombs, deceased v. Robert William KEMP.

United States District Court D. Maryland.

June 8, 1961.


Attorney(s) appearing for the Case

Rubin Gertz, Baltimore, Md., for plaintiffs.

Max Sokol, Emanuel H. Horn, and Dickerson, Nice & Sokol, Baltimore, Md., for defendant.


THOMSEN, Chief Judge.

Plaintiffs have excepted to the answers to interrogatories they served on defendant, and have moved for a judgment by default under Rule 37(d), F.R.Civ.P., 28 U.S.C.A., because the answers were not sworn to by defendant in accordance with Rule 33.

Plaintiffs' decedent, a resident of Maryland, died as a result of injuries received in an automobile accident in Maryland, which occurred while...

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