Legal Opinion

Frank C. Bailey Enterprises, Inc. v. Cargill, Incorporated, a Corporation

Court of Appeals for the Fifth Circuit

Decided October 3, 1978No. 78-1423PublishedCited by 53 opinions

1Per curiam

The sole issue raised on appeal is whether the district court correctly granted the defendant-appellee’s motion for summary judgment.

We have reviewed the record and find that the appellee carried its burden of showing that there was no genuine issue as to any-material fact and that it was entitled to judgment as a matter of law. See Fed. R.Civ.P. 56(c). Once the movant has carried this burden, the non-moving party “must set forth specific facts showing that there is a genuine issue for trial.” Fed.R. Civ.P. 56(e). If the non-moving party does not do so, summary judgment for the movant is…

2Cases cited2 opinions

  1. Thomas C. Oglesby v. Terminal Transport Company, Inc. And Local 728, International Brotherhood Ofteamsters, Chauffeurs and WarehousemenCourt of Appeals for the Fifth Circuit · 1976
  2. Rudolph Sweet, Eddie Rhyne at Al. v. Robert E. Childs, Etc., Etc.Court of Appeals for the Fifth Circuit · 1975

3Cited by53 opinions

  1. Mary Faye Skotak, George Jerry Skotak, and Eric Norman Skotak, Cross-Appellees v. Tenneco Resins, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1992
  2. United States v. Frank M. OakleyCourt of Appeals for the Eleventh Circuit · 1984
  3. Keenan v. TejedaCourt of Appeals for the Fifth Circuit · 2002
  4. Impossible Electronics Techniques, Inc. v. Wackenhut Protective Systems, Inc.Court of Appeals for the Fifth Circuit · 1982
  5. Andre Grenier v. Cyanamid Plastics, Inc.Court of Appeals for the First Circuit · 1995

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