Bartlett & Co. v. Commodity Credit Corp.

RIDGE, Chief Judge.

Defendant moves for summary judgment pursuant to Rule 56, F.R.Civ.P., 28 U.S.C.A., seeking dismissal of plaintiff’s complaint and judgment in its favor under Count I of its counterclaim. In its suggestions in opposition thereto, plaintiff states that it has “considered filing a cross-motion for summary judgment,” because points 1, 2, 3, and 4, proffered by it in support of its claim against defendant “raise only legal issues and do not involve factual points which are in dispute.” Because it appears to the Court that the questions presented by plaintiff under its points 5…