Miller v. Board of Education

MEMORANDUM AND ORDER

BRATCHER, District Judge.

The immediate question confronting this Court is whether both defendants are entitled to a summary judgment pursuant to Rule 56(b), Federal Rules of Civil Procedure.

Neither the plaintiff nor defendant filed affidavits with their memorandums arguing the merits of the controversy.

Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact, and its purpose- is to eliminate the formal trial of eases where only questions of law are involved.

This Court, therefore, is authorized under the plain provisions of…