Estate of Zaritz v. Manitou & Pikes Peak Railway Co.

BARRETT, Circuit Judge.

Plaintiffs-appellants, hereinafter referred to as Zaritz, seek review of a final order of the District Court granting defendant-ap-pellee’s, hereinafter referred to as Pikes Peak Railway, motion for summary judgment.

The parties agree that there are no genuine issues as to any material fact. Thus, the issues presented were directed to the court’s determination of matters of law. For purposes of appellate review we are guided by the principle that summary judgment cannot be granted unless the “pleadings, depositions, answers to interrogatories, and admissions on file,…