Clark Equipment Credit Corporation v. The Martin Lumber Company

The Martin Lumber Company (Martin) appeals from a final order of the District Court 1 for the Eastern District of Arkansas granting summary judgment in favor of the Clark Equipment Credit Corporation (Clark). For reversal Martin argues that the procedures employed by the district court in granting summary judgment violated Fed.R.Civ.P. 56. For the reason discussed below, we affirm.

Martin leased with an option to buy two forklifts from Clarklift of Southern Missouri, Inc. (Clarklift). Clarklift then sold and assigned its interest in the leases and equipment to Clark. Clark took assignment of…