Fort Smith Structural Steel Co. v. Western Surety Co.

JOHN E. MILLER, Chief Judge.

Plaintiff’s motion for summary judgment filed October 7, 1965, under Rule 56, Fed.R.Civ.P., defendant’s response thereto, filed October 25, 1965, and the motion of defendant for continuance filed October 25, 1965, are before the court.

The case was duly removed on June 10, 1965, to this court from the Circuit Court within and for Washington County, Arkansas, on the grounds of diversity and amount involved. The existence of diversity of citizenship of the parties and the presence of an amount in controversy in excess of $10,000.00, exclusive of interest and costs,…