Marsden v. Patane, No. 22521.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtRIVES, THORNBERRY and AINSWORTH, Circuit
Citation380 F.2d 489
Decision Date13 April 1967
Docket NumberNo. 22521.
PartiesLucy Blynn MARSDEN and Jack Marsden, Appellants, v. Sebastiano O. PATANE, Appellee.
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36 practice notes
  • Gross v. Southern Railway Company, No. 26650.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 30, 1969
    ...different inferences and reach different conclusions from the facts the issue must be reserved for trial. Marsden v. Patane, 5 Cir. 1967, 380 F.2d 489, It is also well settled that in considering a motion for summary judgment, the court has no duty or function to try or decide factual issue......
  • Daly v. Sprague, No. 81-1237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 14, 1982
    ...facts, then the court should deny summary judgment. Croley v. Matson Navigation Co., 434 F.2d 73, 75 (5th Cir. 1970); Marsden v. Patane, 380 F.2d 489, 491 (5th Cir. Moreover, the party opposing a motion for summary judgment need not respond to it with any affidavits or other evidence unless......
  • Visser v. Packer Engineering Associates, Inc., No. 89-2825
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • February 4, 1991
    ...907 F.2d 936, 947-48 (10th Cir.1990); Crawford v. La Boucherie Bernard Ltd., 815 F.2d 117, 122-23 (D.C.Cir.1987); Marsden v. Patane, 380 F.2d 489, 492 (5th Cir.1967). This might have turned into such a case if we had concluded that the plaintiff, by showing that age was a substantial factor......
  • Impossible Electronic Techniques, Inc. v. Wackenhut Protective Systems, Inc., No. 80-5890
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 11, 1982
    ...facts, then the court should deny summary judgment. Croley v. Matson Navigation Co., 434 F.2d 73, 75 (5th Cir. 1970); Marsden v. Patane, 380 F.2d 489, 491 (5th Cir. Moreover, the party opposing a motion for summary judgment need not respond to it with any affidavits or other evidence unless......
  • Request a trial to view additional results
34 cases
  • Gross v. Southern Railway Company, No. 26650.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 30, 1969
    ...different inferences and reach different conclusions from the facts the issue must be reserved for trial. Marsden v. Patane, 5 Cir. 1967, 380 F.2d 489, It is also well settled that in considering a motion for summary judgment, the court has no duty or function to try or decide factual issue......
  • Daly v. Sprague, No. 81-1237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 14, 1982
    ...facts, then the court should deny summary judgment. Croley v. Matson Navigation Co., 434 F.2d 73, 75 (5th Cir. 1970); Marsden v. Patane, 380 F.2d 489, 491 (5th Cir. Moreover, the party opposing a motion for summary judgment need not respond to it with any affidavits or other evidence unless......
  • Impossible Electronic Techniques, Inc. v. Wackenhut Protective Systems, Inc., No. 80-5890
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 11, 1982
    ...facts, then the court should deny summary judgment. Croley v. Matson Navigation Co., 434 F.2d 73, 75 (5th Cir. 1970); Marsden v. Patane, 380 F.2d 489, 491 (5th Cir. Moreover, the party opposing a motion for summary judgment need not respond to it with any affidavits or other evidence unless......
  • Visser v. Packer Engineering Associates, Inc., No. 89-2825
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • February 4, 1991
    ...907 F.2d 936, 947-48 (10th Cir.1990); Crawford v. La Boucherie Bernard Ltd., 815 F.2d 117, 122-23 (D.C.Cir.1987); Marsden v. Patane, 380 F.2d 489, 492 (5th Cir.1967). This might have turned into such a case if we had concluded that the plaintiff, by showing that age was a substantial factor......
  • Request a trial to view additional results

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