Brooks v. Superior Oil Co.

WOODROUGH, Circuit Judge.

The judgment of dismissal from which the plaintiffs in the action take this appeal was rendered pursuant to a ruling which sustained a motion made by the sole defendant, Superior Oil Company, for summary judgment in its favor. The plaintiffs had filed a Response to defendant’s Motion for Summary Judgment which Response included a prayer for summary judgment in plaintiffs’ favor, and both parties filed affidavits. No answer to the complaint was filed. The submission of the case in the manner stated was in effect by agreement of the parties. The diversity of citizenship…