Universal Film Exchanges, Inc. v. Walter Reade, Inc.
District Court, S.D. New York
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
- Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- 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
- The American Securit Company, a Corporation v. Hamilton Glass Company, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1958
- The Mercantile National Bank At Dallas v. The Franklin Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
- Porter v. American Tobacco Co.District Court, S.D. New York · 1946
3Cited by8 opinions
- Pfeil v. RogersCourt of Appeals for the Seventh Circuit · 1985
- McGlone v. Contract Callers, Inc.District Court, S.D. New York · 2012
- Pfeil v. RogersCourt of Appeals for the Seventh Circuit · 1985
- Federal Trade Commission v. Medical Billers Network, Inc.District Court, S.D. New York · 2008
- Coghill v. BadgerIndiana Court of Appeals · 1982
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