Lopata v. Handler

RICE, District Judge.

After filing an answer herein the defendants filed a motion for summary judgment supported by affidavits, and served the same upon the attorney for the plaintiff as provided by Rule 56 (c), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The matter was set for hearing, at which time the attorney for the plaintiff appeared. No counter affidavits were presented on behalf of the plaintiff. The question is whether or not, under the pleadings and affidavits in support of the motion for a summary judgment, the defendant is entitled thereto.

The plaintiffs…