United States v. Mullins
| Decision Date | 14 April 1965 |
| Docket Number | No. 9822.,9822. |
| Citation | 344 F.2d 128 |
| Parties | UNITED STATES of America, Appellee, v. J. D. MULLINS, Jr., and Emily J. Mullins, Appellants. |
| Court | U.S. Court of Appeals — Fourth Circuit |
H. Clyde Pearson, Roanoke Va. (Hopkins, Pearson & Engleby, Roanoke, Va., on brief), for appellants.
H. Garnett Scott, Asst. U. S. Atty., for appellee.
Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.
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.
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Soley v. Star & Herald Co.
...22 (quoting Professor Moore). Nor may he overlook a factual issue even if the parties stipulated that none existed. United States v. Mullins, 4 Cir. 1965, 344 F.2d 128. We are not chary of summary judgments, but the mechanics leading to such a judicial denouement should lend themselves to c......
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Lloyd v. Lawrence, 72-2398. Summary Calendar.
...under §§ 3.301, 3.307(b) and 3.603 of the Code.1 Its absence is fatal to plaintiffs' claim for summary judgment. Cf. United States v. Mullins, 344 F.2d 128 (4th Cir., 1965). In this respect the case at bar is substantially similar to Talcott v. Allahabad Bank, Inc., 444 F.2d 451 (5th Cir., ......
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Bostick Oil Co. v. MICHELIN TIRE CORP., ETC., Civ. A. No. 78-837.
...is too incomplete to furnish a basis for concluding that there is no factual controversy as to plaintiff's intent. United States v. Mullins, 344 F.2d 128 (4th Cir. 1965). Presumably defendant will seek to establish support for its claims from depositions, interrogatories and requests for ad......
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