Delta Tanning Corp. v. Samber Leather Fashions, Ltd.

OPINION AND ORDER

LEISURE, District Judge:

Plaintiff has moved for summary judgment on its contract claim for non-payment of goods sold and delivered. Plaintiff has also moved to dismiss defendant’s counterclaim or, alternatively, for a severance of defendant’s counterclaim.

“[A]t the summary judgment stage the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., — U.S.-, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The inquiry is “whether the evidence presents a…