Legal Opinion
Mustang Fuel Corp., a Corporation v. Youngstown Sheet and Tube Company, an Ohio Corporation
Court of Appeals for the Tenth Circuit
Decided June 12, 1973No. 72-1334PublishedCited by 27 opinions
1Opinion of the Court
HILL, Circuit Judge.
Without going into a detailed statement of facts or background in this appeal, the case presents a single issue. Does a trial court have jurisdiction to grant a summary judgment under Rule 56, F.R.Civ.P., if paragraph (c) of the Rule has not been complied with? The pertinent part of the Rule provides: “Motion and Proceedings Thereon. The motion shall be served at least 10 days before the time fixed for the hearing. "
The motion for summary judgment in this case was filed by defendant-appellee on December 29, 1971, and on December 30, 1971, without notice being given or the…
2Cases cited4 opinions
- Merritt-Chapman & Scott Corp. v. United StatesSupreme Court of the United States · 1967
- Georgia Southern and Florida Railway Company v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1967
- Edward H. J. Bowdidge, Geraldine Bowdidge v. John M. Lehman, District Director of ImmigrationCourt of Appeals for the Sixth Circuit · 1958
- J. L. Enochs, District Director of Internal Revenue v. T. U. SissonCourt of Appeals for the Fifth Circuit · 1962
3Cited by27 opinions
- V. Ray Summers v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Tenth Circuit · 1988
- Mustang Fuel Corporation, a Corporation v. Youngstown Sheet and Tube Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1975
- Dry Creek Lodge, Inc., a Wyoming Corporation v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1975
- Donald E. Spence v. Patience LattingCourt of Appeals for the Tenth Circuit · 1975
- Marianne B. Geear v. Boulder Community HospitalCourt of Appeals for the Tenth Circuit · 1988
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