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PECKHAM v. RONRICO CORPORATION

No. 4319.

171 F.2d 653 (1948)

PECKHAM v. RONRICO CORPORATION et al.

United States Court of Appeals First Circuit.

December 31, 1948.

Attorney(s) appearing for the Case

Jay E. Darlington, of Hammond, Ind. (J. Henri Brown, Walter L. Newsom, Jr. and Enrique Cordova Diaz, all of San Juan, Puerto Rico, on the brief), for appellant.

Herbert S. McConnell, of San Juan, Puerto Rico (Jose G. Gonzalez, of San Juan, Puerto Rico, and S. Pierre Robineau, of Miami, Fla., with him on the brief), for appellees.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and WYZANSKI, District Judge.

WYZANSKI, District Judge.

This is an appeal from a summary judgment for defendants entered by the District Court of the United States for Puerto Rico upon the pleadings and affidavits without taking oral testimony, 7 F.R.D. 324. The issue presented is whether that action was warranted by Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A., which (both before and since the recent amendments) provides in part as follows:

Rule 56(b) "A party against whom a...

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