Harry Howard v. A. Robert Tarr

MATTHES, Circuit Judge.

This proceeding, an action for deficiency judgment after foreclosure of mortgage on a promissory note executed by appellant, is a diversity case in which we have jurisdiction because of the amount involved.

Upon application of appellee, who was plaintiff below, the trial court entered summary judgment against appellant for $27,062.09 with interest from November 21, 1955, at the rate of 5'% per annum. The correctness of the court’s action is challenged in this appeal. Under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., a summary judgment may be rendered “if the…