Hartsell v. Hickman

JOHN E. MILLER, District Judge.

This case is before the Court upon plaintiff’s motion for summary judgment in his favor and upon defendant’s motion for summary judgment in his favor. Each party contends that there is no material issue of fact and that he is entitled to summary judgment in his favor as a matter of law.

The question presented to the Court is whether there is any genuine issue as to any material fact within the meaning of Rule 56, Fed.Rules Civ.Proc. 28 U.S.C.A. and whether either party is entitled to a judgment as a matter of law. In Marion County Co-Op Ass’n v. Carnation Co.,…