Anna Herman v. Anacostia Chrysler-Plymouth, Inc.

DANAHER, Circuit Judge:

Appellant sought damages for injuries received on February 16, 1963, when she was struck by a car driven by one Addison, a defendant in the District Court action. The complaint alleged further and the appellee denied that the car was then owned and controlled by the code-fendant, appellee here, thus raising an issue as to ownership. Summary judgment was entered for the car dealer, the appellee.

On appeal the appellant alleges error in that the movant had failed to comply with District Court Rule 9(h) which in pertinent part provides that a movant for summary judgment…