Legal Opinion

Pertee v. Goodyear Tire & Rubber Co.

District Court, S.D. West Virginia

Decided July 21, 1994No. Civ. A. No. 6:93-0307PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross motions for summary judgment filed by Goodyear Tire & Rubber Company (“Goodyear”) and Dover Elevator Company (“Dover”). For reasons discussed below the Court GRANTS Goodyear’s motion and DENIES Dover’s motion.

*525Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:

“[I]f the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to summary…

2Cases cited11 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Cook v. Heck's Inc.West Virginia Supreme Court · 1986
  4. Ashland Oil, Inc. v. DonahueWest Virginia Supreme Court · 1976
  5. First National Bank of Gallipolis v. Marietta Manufacturing Co.West Virginia Supreme Court · 1967

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3Cited by1 opinion

  1. AmTote International, Inc. v. PNGI Charles Town Gaming Ltd. LiabilityDistrict Court, N.D. West Virginia · 1999

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