Subsection (a) To What Proceedings Applicable

District of Orogon

United States v. 23 Bottles of Chloron-Ize

Food and drug condemnation proceedings partake of both admiralty and law; seizure is made under admiralty procedure and in accordance with U. S. vs, 443 Cans of Egg Products, 226 U. S. 172, p. 182; that thereafter the proceedings will be conducted under admiralty rules unless an answer to the libel is filed. After filing of an answer the new rules of civil procedure will apply and the proceedings conducted in accordance therewith.

Western District of Pennsylvania

October 27, 1938

Commonwealth Trust Company of Pittsburgh v. Reconstruction Finance Corporation.

SCHOONMAKER, D. J.

Defendant has moved to transfer this case to the law side of this court, urging as a reason for such transfer, that the plaintiff has a plain, adequate and complete remedy at law. The plaintiff is the trustee in bankruptcy of the Colonial Iron Company, which placed the defendant, Reconstruction Finance Corporation, in possession of some 4986.38 tons of pig-iron under the terms of an agreement between the Colonial Iron Company and the Reconstruction Finance Corporation, dated April 6, 1937. The plaintiff seoks a deroe in equity, declaring this agreement fraudulent as against creditors, and therefore null and void as against the plaintiff, and asking for the delivery of this pig-iron to plaintiff.

We thus have for determination the question of whether the bill of complaint shows a cause of action cognizable in oquity, or one whore the plaintiff would have an adequate romody at law.

The allegations of fact contained in the bill may be briefly summarized as follows:

On these facts, we are of the opinion that plaintiff's remedy is at law and not in equity.

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The motion to transfer the case to the law side of the court was made before the effective date of the Rules of Civil Procedure. The motion was argued before that date. But, in view of the fact that Rule 86 of the se rules requires that the Rules of Civil Procedure govern all further procoodings in actions pending at the effective date of the rules, it is unnecessary to make any order for the transfor of the case to the law side of the court, for the case will now proceed as a civil action under the now rules, subject to the ruling of the court that the complaint prosents no ground for the granting of equitable relief.

Defondant shall now answer the complaint within twenty days. An order may be submitted accordingly.

District of Massachusetts

October 18, 1938.

Clement S. Houghton v. Thomas B. Hassett

Clement S. Houghton v. William M. Welch

MCLELLAN, D. J.

These cases were heard and verdicts therein were rendered before the Federal Rules of Civil Procedure took effect. The bill of exceptions was seasonably filed by the defendants on June 24, 1938, likewise before the new rules became effective. Under the circumstances, I am of the opinion that the application of the new rules to the appeal in these cases would not be feasible or would work injustice, and that the former procedure on appeal should apply.