Florida Power & Light Co. v. Hercules Concrete Pile Co.

JUDGMENT ON THE PLEADINGS

CABOT, District Judge.

This cause is before this Court on the motion of the defendant for summary judgment or judgment on the pleadings. The cause, after having been before the Court for over three years was finally ready for trial the week of September 12, 1967. However, a few days prior to the date of trial it was again removed from the trial calendar after attorney for the plaintiff discovered a recent case which he felt was quite persuasive against his position. He, thereupon, brought it to the attention of opposing counsel and the Court with the suggestion that…