Swettlen v. Wagoner Gas and Oil, Inc.

OPINION AND ORDER

SNYDER, District Judge.

The Defendant, Phillips Petroleum Company (hereinafter called “Phillips”), moved the Court for a Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure, in this Anti-trust suit. This Motion must be denied.

Summary Judgment as envisioned by Rule 56 is a method of testing in advance of trial, not just the bare contentions found in the legal verbiage of the pleadings, but whether there is in actuality any real basis for relief or defense. The discussion in Moore’s Federal Practice (Vol. 6 |f 56.15 [3] (2nd Ed. 1972) is particularly…