FOWLER ET AL.

v.

BENTON

Citator

Cited By (32 total)

• Hayden v. First Nat'l Bank OF MT. Pleasant, 595 F.2d 994 (5th Cir. 1979)
  …antage by the interposition of oral evidence, [footnotes omitted]. 10 Wright and Miller, Federal Practice and Procedure, § 2723. See also, Georgia Southern and F. Ry. Co. v. Atlantic Coast Line R. Co., 5 Cir. 1967, 373 F. 2d 493, 497, cert. denied, 389 U.S. 851, 88 S.Ct. 69, 19 L.Ed.2d 120 (motion to dismiss treated as a motion for summary judgment: court held that it was abuse of discretion to grant summary judgment without proper notice of how oral testimony and affidavits taken at hearing would be used)…
• Barker v. Norman, 651 F.2d 1107 (5th Cir. 1981)
  …language as requiring notice to an adverse party and a hearing. Bon Air Hotel, Inc. v. Time, Inc., 426 F. 2d 858, 863 (5th Cir. 1970); Georgia Southern & Fla. Ry. Co. v. Atlantic Coast Line R. R. Co., 373 F. 2d 493, 496-497 [(5th Cir), cert. denied, 389 U.S. 851, 88 S.Ct. 69, 19 L.Ed.2d 120 (1967)]; Enochs v. Sisson, 301 F. 2d 125, 126 (5th Cir. 1962). As indicated by the Bon Air decision, though, “hearing” does not necessarily mean an oral hearing. What the rule contemplates is 10 day[s] advance notice to…
• William R. Milburn and Richard v. Thompson, 734 F.2d 762 (11th Cir. 1984)
  …sources and focus its attention on rebutting the motion for summary judgment with every factual and legal argument available. Georgia Southern and Florida Railroad Co. v. Atlantic Coast Line Railroad Co., 373 F. 2d 493, 498 (5th Cir.), cert. denied, 389 U.S. 851, 88 S.Ct. 69, 19 L.Ed.2d 120 (1967). Earlier cases enforcing the 10-day notice requirement involved fact patterns differing from that before us. In some, no motion for summary judgment had been filed. Hickey v. Arkla Industries, Inc., supra. In oth…