Legal Opinion
Joseph H. Sharlitt and Neal E. Krucoff v. Joseph B. Gorinstein and William F. Mahoney
Court of Appeals for the Fifth Circuit
Decided June 30, 1976No. 75-4354PublishedCited by 19 opinions
1Per curiam
In this Florida diversity case, the district court granted summary judgment for defendants both on plaintiffs’ original claim and on defendants’ counterclaim. We vacate the summary judgment on the counterclaim because it was rendered in violation of the procedural requisites of Fed.R.Civ.P. 56, and pretermit any decision on the propriety of the partial judgment on the primary claim.
The facts as developed to this point in the litigation disclose that in the fall of 1973 Sharlitt negotiated with Gorinstein to invest in a business organized and promoted by defendants. The new corporation (IPP)…
2Cases cited2 opinions
- Mrs. Daisy SCOTT Et Al., Plaintiffs-Appellants, v. COURTESY INNS, INC. D/B/A Heidelberg Hotel, Jackson, Mississippi, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Fernando R. GUTIERREZ, Plaintiff-Appellant, v. EL PASO COMMUNITY ACTION PROGRAM (Project Bravo, Inc.), Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972
3Cited by19 opinions
- Albert Jones, Plaintiff-Counter-Defendant-Appellant v. The Automobile Insurance Company of Hartford, Connecticut, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Capital Films Corporation v. Charles Fries Productions, Inc. And American Broadcasting CompanyCourt of Appeals for the Fifth Circuit · 1980
- John Deere Company v. American National Bank, StaffordCourt of Appeals for the Fifth Circuit · 1987
- L. Earl Powell, Jr., and Estate of Lela B. Powell, Deceased, L. Earl Powell, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1988
- Denton v. Mr. Swiss of Missouri, Inc.Court of Appeals for the Eighth Circuit · 1977
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