Kotich v. Criterion Insurance

ERNEST E. MASON, Circuit Judge.

Order denying defendant’s motion for summary judgment and order granting plaintiff’s motion for summary judgment as to liability: This cause is before the court on motion of the defendant, Criterion Insurance Company, for summary judgment herein on the ground that the pleadings, admissions and deposition of the plaintiff on file herein show that there is no issue of fact to be tried by the triers of the facts.

At the hearing on defendant’s motion plaintiff’s counsel orally moved for summary judgment on the issue of liability and both counsel indicated to the…