Wire Mesh Products, Inc. v. Wire Belting Ass'n

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Summary judgment has been aptly described as a “drastic weapon” 1 which should be used “sparingly” 2 since it bars litigants from presenting their case to a jury. Particularly in antitrust cases, 3 where intent and motive are frequently at issue, proofs are largely in the hands of alleged conspirators with a plot “thickened” by hostile witnesses. 4 Nevertheless, Fed.R. Civ.P. 56 “should not be read out of antitrust cases,” 5 for it provides courts with a useful tool to avoid needless litigation and shields defendants from the burden and costs…