Mellen v. Hirsch

CHESNUT, District Judge.

On April 12, 1948, the defendants in this case filed an extended motion for summary judgment under affidavit, Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c, with exhibits attached thereto. Notice of the motion yvas duly given to the plaintiff and thereafter in due course the motion came on for hearing on or about April 23, 1948, at which time counsel for the respective parties appeared and were heard. The' plaintiff had not filed any opposing affidavit as permitted by Rule 56(c); but, pursuant to the suggestion of the court that…