Manning v. State Farm Mutual Automobile Insurance

CRAVEN, Chief Judge.

On motion for summary judgment, the court does not, strictly speaking, find facts, but, instead, in the appropriate case, may conclude that in one or more aspects there is no genuine dispute as to the material facts and that the controlling factor is one of law. Even so, it is not improper to narrate what the facts appear to be in order to demonstrate that the case is an appropriate one for summary judgment. 3 Barron & Holtzoff, Federal Practice & Procedure Section 1242, p. 20 (rev. ed. 1958).

From the pleadings, statements of counsel, and answers to interrogatories, *621the…