Spraying Systems Co. v. William G. Smart Co.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

On January 3, 1992 this Court, in an oral bench ruling, denied what plaintiff Spraying Systems Co. (“Spraying Systems”) had characterized as a Fed.R.Civ.P. (“Rule”) 56 motion for summary judgment.1 In the course of that denial, this Court held that witnesses Robert Mueller and George Wor-thington were not rendered incompetent to testify for then defendant William Smart (“Smart”) under the Illinois Dead Man’s Act (either Ill.Rev.Stat. ch. 110, U 8-201 or id. II8-3012), while at the same time it ruled that Smart himself was squarely barred from…