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WALLING v. RICHMOND SCREW ANCHOR CO.

No. 186.

154 F.2d 780 (1946)

WALLING, Administrator of Wage and Hour Division, U. S. Dept. of Labor, v. RICHMOND SCREW ANCHOR CO., Inc.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied June 10, 1946.

Attorney(s) appearing for the Case

William S. Tyson, of Washington, D. C. (Bessie Margolin, of Washington, D. C., Irving Rozen, of New York City, and Joseph M. Stone, of Washington, D. C., of counsel), for United States Department of Labor.

E. John Ernst, Jr., of New York City (George C. Wildermuth, of Brooklyn, N. Y., and Julius L. Goldstein, of New York City, of counsel), for Richmond Screw Anchor Co., Inc.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

Writ of Certiorari Denied June 10, 1946. See 66 S.Ct. 1383.

FRANK, Circuit Judge.

1. It does not follow that, merely because each side moves for a summary judgment, there is no issue of material fact. For, although a defendant may, on his own motion, assert that, accepting his legal theory, the facts are undisputed, he may be able and should always be allowed to show that, if plaintiff's legal theory be adopted, a genuine dispute as to a material fact exists...

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