Gardner v. Ewing

DRUFFEL, District Judge.

This matter is before the Court on motions for summary judgment filed by the plaintiff and defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The present motions rest on the entire record, which at this time consists of the plaintiff’s complaint and the defendant’s answer, to which answer there has been attached and made a part thereof a certified copy of the transcript of the proceedings before the Referee, including the evidence upon which the findings and decision complained of are based. A stipulation as to facts admitted in evidence…