Legal Opinion
L. Earl Powell, Jr., and Estate of Lela B. Powell, Deceased, L. Earl Powell, Jr. v. United States
Court of Appeals for the Fifth Circuit
Decided July 29, 1988No. 87-1714PublishedCited by 44 opinions
1Opinion of the Court
GOLDBEEG, Circuit Judge:
On the scheduled trial date, at a pretrial conference, the district court judge first gave plaintiffs notice that he might enter summary judgment. Several hours later, when the lawyers returned to pick the jury, they were informed that the judge had decided to enter a sua sponte summary judgment for the government. Because settled precedent in this circuit bars entry of summary judgment without the ten days notice mandated by Fed.E.Civ.P. 56(c), we reverse and remand.
I. BACKGEOUND
L. Earl Powell, Jr. and the estate of his deceased wife, (the “Taxpayers”), seek a refund…
2Cases cited31 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Dayco Corporation v. Goodyear Tire & Rubber Company, Dayco Corporation v. Firestone Tire & Rubber CompanyCourt of Appeals for the Sixth Circuit · 1975
- William R. Milburn and Richard v. Thompson v. The United States of AmericaCourt of Appeals for the Eleventh Circuit · 1984
- Ikerd v. LapworthCourt of Appeals for the Seventh Circuit · 1970
- Portsmouth Square, Inc. v. Shareholders Protective Committee Palmer York, Jr. George E. Croke Eugene J. Marty Rose Leah Jones Kenneth R. ScottCourt of Appeals for the Ninth Circuit · 1985
26 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. PatyCourt of Appeals for the Fifth Circuit · 1993
- Celestine v. Petroleos De Venezuella SACourt of Appeals for the Fifth Circuit · 2001
- Karen D'Onofrio v. Vacation Publications, ICourt of Appeals for the Fifth Circuit · 2018
- Hodge v. EnglemanCourt of Appeals for the Fifth Circuit · 2024
- Charlene Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitCourt of Appeals for the Fifth Circuit · 1994
39 more not listed; retrieve them via the Exa API.