UNITED STATES OF AMERICA, APPELLEE,
v.
J. D. MULLINS, JR., AND EMILY J. MULLINS, APPELLANTS
UNITED STATES OF AMERICA, APPELLEE,
J. D. MULLINS, JR., AND EMILY J. MULLINS, APPELLANTS
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:
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
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Soley v. The Star & Herald Co., 390 F.2d 364 (5th Cir. 1968)
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Lloyd v. Lawrence, 472 F.2d 313 (5th Cir. 1973)