Legal Opinion

Universal Film Exchanges, Inc. v. Walter Reade, Inc.

District Court, S.D. New York

Decided March 18, 1965PublishedCited by 8 opinions

1Opinion of the Court

LEVET, District Judge.

Defendant’s counsel in submitting opposition papers, upon this motion, has followed what I believe to be an inherently unsound practice of mingling in his affidavit alleged facts, comment, inference, argument and explanation. Judge John R. Brown in Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc., 255 F.2d 342, 349-350 (5 Cir. 1958) states that he doubted if the disposition of a case on summary judgment (in that instance, a patent ease) “is furthered by counsel being the personal vehicle by which the ‘undisputed’ facts are put before the Court.” He went on…

2Cases cited5 opinions

  1. Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.Court of Appeals for the Fifth Circuit · 1958
  2. Zampos v. United States Smelting, Refining and Mining Co. Anderson v. United States Smelting, Refining and Mining CoCourt of Appeals for the Tenth Circuit · 1953
  3. The American Securit Company, a Corporation v. Hamilton Glass Company, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1958
  4. The Mercantile National Bank At Dallas v. The Franklin Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
  5. Porter v. American Tobacco Co.District Court, S.D. New York · 1946

3Cited by8 opinions

  1. Pfeil v. RogersCourt of Appeals for the Seventh Circuit · 1985
  2. McGlone v. Contract Callers, Inc.District Court, S.D. New York · 2012
  3. Pfeil v. RogersCourt of Appeals for the Seventh Circuit · 1985
  4. Federal Trade Commission v. Medical Billers Network, Inc.District Court, S.D. New York · 2008
  5. Coghill v. BadgerIndiana Court of Appeals · 1982

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