Beidler & Bookmyer Co. v. Universal Ins.

HULBERT, District Judge.

These are cross-motions for summary judgment. Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

This is the second lawsuit brought by the plaintiff against the defendant to recover brokerage commissions alleged to have been earned after August 5, 1941.

In the first action summary judgment was granted in defendant’s favor. D.C., 46 F.Supp. 806, affirmed on March 6, 1943, 2 Cir., 134 F.2d 828.

This court disapproves of the growing tendency to supplement the issues of fact on motions of this character with voluminous controversial affidavits and…