James G. McHenry and Donald G. McHenry v. Ford Motor Co.

ALLEN, Circuit Judge.

This ease arises out of an action in equity, filed in the Michigan State Court, April 29, 1953, to enjoin undercutting, washing away, flooding and erosion of plaintiffs’ 1 land by waters of defendant’s reservoir; to compel defendant to restore plaintiffs’ land, improvements and equipment and to recover money damages for injuries sustained. The action was removed to the federal court of the Eastern District of Michigan, which, on February 11, 1957, granted a motion for summary judgment filed by defendant under Federal Rules of Civil Procedure rule 56(b) and (c), 28 U.S.C.…