The opinion of the court was delivered by: GOURLEY
The matters before the Court arise out of an appeal by S. T. Runzo & Co., Inc., hereinafter referred to as 'Runzo', from a reparation order of the Secretary of Agriculture in which damages were awarded in the amount of $ 1497.80, with interest, in favor of American Fruit Growers, Inc., hereinafter referred to as 'American.'
Motions have been filed by American as follows:
1. Motion for judgment on the pleadings.
2. Motion to dismiss appeal of Runzo from reparation order entered by the Secretary of Agriculture in favor of American.
3. Motion to strike answer of Runzo to claim originally filed by American with Secretary of Agriculture.
1. Motion for Judgment on the Pleadings.
In considering a motion for judgment on the pleadings, the facts alleged by the party whose interests are adverse to the party making the motion must be taken to be true and the inquiry is whether upon those facts a cause of action has been stated. Art Metal Const. Co. for Use of McCloskey & Co., Inc., v. Lehigh Structural Steel Co., 3 Cir., 116 F.2d 57.
The appeal and answer of Runzo create issues which would be a defense to the claim of American if believed and properly proved. In view thereof, the motion for judgment on the pleadings is denied.
2. Motion to Dismiss Appeal of Runzo from Reparation Order Entered by the Secretary of Agriculture in Favor of American.
The Act provides, inter alia, that the Secretary of Agriculture shall determine the amount of damages, if any, to which the complaining party is entitled as a result of the violation of said Act, and shall make an order directing the offender to pay to the complaining party such amount as may be determined to be due on or before the date fixed in the reparation order under any of the following terms or conditions:
(a) After hearing on a complaint made by any person.
(b) Without hearing as provided in the Act.
(c) Upon failure of the party complained against to answer a complaint duly served within the time ...