Maryland Casualty Co. v. Jacobson

JOHN W. OLIVER, District Judge.

Our earlier action sustaining plaintiff’s motion for summary judgment was reversed by the Court of Appeals in Jacobson v. Maryland Casualty Company, 8th Cir. 1964, 336 F.2d 72, cert. denied 379 U.S. 964, 85 S.Ct. 655, 13 L.Ed.2d 558, for reasons there stated.

The Court of Appeals held that the pretrial procedures followed by this Court did "not justify the trial court in refusing [defendant] his day in court, particularly on the issue of his affirmative defense, as well as as any other issue not shown by the record to be a sham, frivolous or so unsubstantial that…