FRANKFORT OIL CO.
v.
HEYSER ET AL.

U.S. | 1963-10-14
No. 239
375 U.S. 824 Supreme Court of the United States (1963) Positive Treatment
Cited by 37 cases

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Cited By (36 total)

  • …U.S. 464, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962).” Although summary judgment is a useful tool in many cases, it must, nevertheless, be used sparingly. In S. J. Groves & Sons Co. v. Ohio Turnpike Commission, 315 F. 2d 235, 237 (6th Cir.), cert. denied, 375 U.S. 824, 84 S.Ct. 65, 11 L.Ed.2d 57 (1963), we stated: “This Court has on several occasions expressed the view that a trial judge should be slow in disposing of a case of any complexity on a motion for summary judgment, that while such a judgment wisely us…
  • …disagree as to the inferences which may properly be drawn. Under such circumstances the case is not one to be decided on a motion for summary judgment. S. J. Groves & Sons Co. v. Ohio Turnpike Comm., 315 F. 2d 235, 237 (6 Cir. 1963), cert. denied, 375 U.S. 824, 84 S.Ct. 65, 11 L.Ed.2d 57; Girard v. Gill, 261 F. 2d 695, 697 (4 Cir. 1958). Thus both motions must be denied if a genuine issue of fact or inference from fact is presented. Utica Mutual Insurance Company v. Rollason, 246 F. 2d 105, 108 (4 Cir. 1…
  • Tee-Pak, Inc. v. ST. Regis Paper Co., 491 F.2d 1193 (6th Cir. 1974)
    …ors Corp., 228 F. 2d 94 (6th Cir. 1955), cert. denied, 352 U.S. 824, 77 S.Ct. 32, 1 L.Ed.2d 47 (1956). This tool, however, is to be used sparingly. In S. J. Groves & Sons Co. v. Ohio Turnpike Commission, 315 F. 2d 235, 237 (6th Cir.), cert. denied, 375 U.S. 824, 84 S.Ct. 65, 11 L.Ed.2d 57 (1963), this court, speaking through Judge Shackelford Miller, stated: “This Court has on several occasions expressed the view that a trial judge should be slow in disposing of a case of any complexity on a motion for su…

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