UNITED STATES OF AMERICA, APPELLEE,
v.
J. D. MULLINS, JR., AND EMILY J. MULLINS, APPELLANTS

4th Cir. | 1965-04-14
No. 9822
344 F.2d 128 United States Court of Appeals for the Fourth Circuit (1965) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Summary judgment was entered in this case upon a state of facts assumed to be uncontroverted. It appears, however, that the pleadings and the record do not contain the documents which might possibly supply a basis for the assumption, nor was any testimony taken and there is no agreement between the parties upon the facts so assumed. In the circumstances we think the case should be remanded for a full inquiry. Summary judgment was inappropriate. Rule 56(c), Fed.R.Civ.P. The judgment will be vacated and the case remanded for further proceedings.

Vacated and remanded.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Full citator, related cases, and AI research tools

Open in FLexlaw