Kent v. United States
District Court, S.D. New York
1Opinion of the Court
WYATT, District Judge.
This is a motion for summary judgment by plaintiff. Fed.R.Civ.P. 56(a).
The government as defendant has asked in an opposing affidavit for summary judgment in its favor and, if otherwise entitled to such judgment, the government may be granted that relief without formal written cross-motion, either (a) on the ground that an oral cross-motion was in effect made at the hearing of the motion or (b) on the ground that no cross-motion is necessary. The proposition last stated is fully supported in 6 Moore’s Federal Practice (2d ed.) 2088-89, where a number of District Court…
2Cases cited13 opinions
- United States v. RiceSupreme Court of the United States · 1942
- United States v. Howard P. Foley Co.Supreme Court of the United States · 1946
- H. E. Crook Co. v. United StatesSupreme Court of the United States · 1926
- Bates Manufacturing Co. v. United StatesSupreme Court of the United States · 1938
- Peter Kiewit Sons' Co. v. United StatesUnited States Court of Claims · 1957
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3Cited by5 opinions
- Volk v. ZlotoffDistrict Court, S.D. New York · 1968
- Sidney Kent, Doing Business as Dorald Engineering Company v. United StatesCourt of Appeals for the Second Circuit · 1965
- AMERICAN PETROFINA, INCORPORATED v. BrownDistrict Court, E.D. North Carolina · 1974
- M.A. Mortenson Company v. United StatesCourt of Appeals for the Federal Circuit · 1988
- Chicora Construction Co. v. United StatesDistrict Court, E.D. North Carolina · 1965