Legal Opinion

Beaufort Concrete Company v. Atlantic States Construction Company

Court of Appeals for the Fifth Circuit

Decided February 1, 1966No. 21701_1PublishedCited by 37 opinions

1Opinion of the Court

WISDOM, Circuit Judge:.

The plaintiff, Beaufort Concrete Company, appeals from an order granting summary judgment in favor of the defendant, Atlantic States Refining Company. The issues are (1) whether the district court abused its discretion in refusing to consider Beaufort’s affidavits, submitted on the day of the hearing, opposing the motion for summary judgment and (2) whether the case presents a “genuine issue as to any material fact” within the meaning of Rule 56(c) of the Federal Rules of Civil Procedure. Affirming, we hold that the district court did not abuse its discretion in…

2Cases cited3 opinions

  1. State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
  2. Grant, Alexander & Co. v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1874
  3. Royal Indemnity Co. v. Batson-Cook Co.Court of Appeals of Georgia · 1928

3Cited by37 opinions

  1. Wood v. Santa Barbara Chamber of Commerce, Inc.Court of Appeals for the Ninth Circuit · 1983
  2. In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
  3. Orsi v. KirkwoodCourt of Appeals for the Fourth Circuit · 1993
  4. Joe P. Farina v. Mission Investment TrustCourt of Appeals for the Fifth Circuit · 1980
  5. Maylon B. Clinkscales T/a Clinkscales Oil Company v. Chevron U.S.A., Inc.Court of Appeals for the Eleventh Circuit · 1987

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