Metzler v. American Casualty Co.

REEVES, District Judge.

The defendant seeks a summary judgment as provided by Rule 56(b), Rules of Civil Procedure in the Federal Courts, 28 U.S.C.A. This rule provides that:

“A party against whom a claim * * * is asserted * * * may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.”

Paragraph (c) of said numbered rule specifies the procedure to be followed in such cases, and then it is provided in said paragraph (c) :

“The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file,…