Legal Opinion
Keating v. Jones Development of Missouri, Inc.
Court of Appeals for the Fifth Circuit
Decided July 30, 1968No. 25174PublishedCited by 31 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
We are compelled to add one more statistic to the high mortality rate of summary judgments. See Barber v. Motor Vessel “Blue Cat”, 5 Cir.1967, 372 F.2d 626, 627 (fn. 1 and accompanying text). We have cautioned against its “misguided application,” and repeat the warning here, Brunswick Corp. v. Vineberg, 5 Cir.1966, 370 F.2d 605, 612. Summary judgment was granted against plaintiff-appellant, Paul P. Keating, III, in a personal injury suit.1 The appellant, who was six years old at the time of the accident, was injured while swimming in a motel pool maintained by the…
2Cases cited21 opinions
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Phoenix Savings and Loan, Inc. v. The Aetna Casualty and Surety CompanyCourt of Appeals for the Fourth Circuit · 1967
- National Screen Service Corporation v. The Poster Exchange, Inc.Court of Appeals for the Fifth Circuit · 1962
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Kendall Sherman and Arthur Sherman, Jr. v. Fred H. HallbauerCourt of Appeals for the Fifth Circuit · 1972
- Lighting Fixture and Electric Supply Co. Inc. v. The Continental Insurance Co., and Electric Supply Co. Inc.Court of Appeals for the Fifth Circuit · 1969
- Vera Croley, Etc. v. Matson Navigation Company, David E. Bouler v. Matson Navigation CompanyCourt of Appeals for the Fifth Circuit · 1971
- National Labor Relations Board v. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
26 more not listed; retrieve them via the Exa API.