State of Maryland Ex Rel. Barresi v. Hatch

BLUMENFELD, District Judge.

The corporate defendant’s motion for summary judgment brought under Rule 56 F.R.Civ.P., 28 U.S.C.A., is based upon a claim that the factual issue of whether the defendant Hatch was “acting in the course of and within the scope of his employment as an employee * * of the defendant” at the time when his operation of an automobile resulted in an accident must be resolved against the plaintiff. In support of its motion, it offers :

1. The pleadings on file;

2. An interrogatory propounded to the plaintiff and her answer thereto;

S. The transcript of the deposition of Hatch,…