ZIVIAK, ADMINISTRATOR
v.
UNITED STATES

U.S. | 1976-10-04
No. 75-1490
429 U.S. 801 Supreme Court of the United States (1976) Positive Treatment
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  • Rose v. Town OF Harwich, 778 F.2d 77 (1st Cir. 1985)
    …mmary judgment for the town despite the town’s failure to move for it. We agree with the district [*83] court that it had discretion to enter summary judgment for a nonmoving party. See Ziviak v. United States, 411 F.Supp. 416 (D.Mass.), aff'd mem., 429 U.S. 801, 97 S.Ct. 36, 50 L.Ed.2d 64 (1976); 6 Moore’s Federal Practice, supra, ¶ 156.12. We find Rose’s remaining legal arguments without merit. The most we can say for Rose is to point out, as Massachusetts courts have done, the possibility of legislative…

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