Legal Opinion
Gertrude L. Brawner v. Pearl Assurance Company, Ltd.
Court of Appeals for the Ninth Circuit
Decided December 18, 1958No. 15993PublishedCited by 20 opinions
1Opinion of the Court
JAMES ALGER FEE, Circuit Judge.
In this case, this Court is again confronted with the confusion which follows the filing of motions for summary judgment by plaintiff and defendant, respectively. Again it is reiterated that such a situation does not parallel that where both parties file motions for directed verdict. In the latter instance, each party is held to agree that there is no disputed question of fact and that the case is to be decided on the principles of law. In contrast, by definition, a summary judgment cannot be granted if there be a disputed question of material fact. This…
2Cases cited6 opinions
- United States v. International Building Co.Supreme Court of the United States · 1953
- Hughes v. United StatesSupreme Court of the United States · 1866
- Begnaud v. WhiteCourt of Appeals for the Sixth Circuit · 1948
- Hycon Manufacturing Company v. H. Koch & Sons, a Partnership Consisting of M. P. Koch, W. L. Koch, H. M. Koch and R. Koch AbelCourt of Appeals for the Ninth Circuit · 1955
- Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
- Betty Eby, a Widow v. Reb Realty, Inc., an Arizona Corporation, and Don Dailey Realty, an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1974
- Henry S. Cram v. Sun Insurance Office, Ltd., Robert S. Wahab, Jr. v. Sun Insurance Office, Ltd.Court of Appeals for the Fourth Circuit · 1967
- United States v. Fred A. Arnold, Inc.Court of Appeals for the Ninth Circuit · 1978
- Alfred Crawford Daniel Carrasco Jerry Parker v. Russell S. Gould William Mayer, (Two Cases)Court of Appeals for the Ninth Circuit · 1995
15 more not listed; retrieve them via the Exa API.