The Greyhound Corporation v. Excess Insurance Company of America

The majority opinion, in my judgment,, repudiates the settled law in this Circuit in its holding that this record reflects no genuine issue as to any material fact. It is my thought that genuine issues were developed as to whether Greyhound gave notice to Excess within a reasonable time, whether Excess was prejudiced by the delay, and whether Excess waived the giving of earlier notice.

*638Under an unbroken line of decisions of this Court, the granting of a summary judgment is proper only when the facts themselves are without conflict or reasonable men might not draw different inferences from such…