Dovberg v. Dow Chemical Co.
District Court, E.D. Pennsylvania
1Opinion of the Court
LEAHY, Senior District Judge.
1. Courts, in this circuit, have applied the broad rule of Frederick Hart & Co., Inc. v. Recordgraph Corporation, 3 Cir., 169 F.2d 580, to summary judgment motions.5 The rule of the Hart *340opinion severely limits the Court’s discretion to grant such a motion.6 On at least one occasion, it would seem the Court of Appeals deviated from this approach.7 The extent to which the rule in Hart has been eroded by such deviations cannot be determined. However, I do not think that the Court here is now required to resolve this question, for, as will appear, determination of…
2Cases cited105 opinions
- Apex Hosiery Co. v. LeaderSupreme Court of the United States · 1940
- Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
- United States v. KisselSupreme Court of the United States · 1910
- Adolph G. Hoffman v. C. H. Halden, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney HansenCourt of Appeals for the Ninth Circuit · 1959
- Radiant Burners, Inc. v. Peoples Gas Light & Coke Co.Supreme Court of the United States · 1961
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3Cited by18 opinions
- Bohn Aluminum & Brass Corporation v. Storm King CorporationCourt of Appeals for the Sixth Circuit · 1962
- Atlantic City Electric Company v. General Electric CompanyCourt of Appeals for the Second Circuit · 1962
- Wells v. RockefellerCourt of Appeals for the Third Circuit · 1984
- Kansas City, Missouri v. Federal Pacific Electric Co.Court of Appeals for the Eighth Circuit · 1962
- Atlantic City Electric Co. v. General Electric Co.District Court, S.D. New York · 1962
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