Legal Opinion
Courtney v. Remler
District Court, D. South Carolina
Decided June 29, 1985No. Civ. A. No. 2:83-2347-1PublishedCited by 2 opinions
1Opinion of the Court
HAWKINS, District Judge.
The defendants move for summary judgment pursuant to Rule 56(c), Federal Rules of Civil Procedure. Summary judgment is appropriate when “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The burden is on the moving party to show the absence of any genuine issue of fact. Adickes v. H. Kress and Co., 398 U.S. 144, 153, 90 S.Ct. 1598, 1606, 26 L.Ed.2d 142 (1970). For the reasons stated below, this court is of the opinion that the defendants’ motion for summary judgment should be…
2Cases cited20 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Gooding v. WilsonSupreme Court of the United States · 1972
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
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3Cited by2 opinions
- McCoy v. Colonial Baking Co. Inc.Mississippi Supreme Court · 1990
- Courtney v. RemlerCourt of Appeals for the Fourth Circuit · 1986