FORD v. LURIA STEEL & TRADING CORP.

No. 14298.

192 F.2d 880 (1951)

FORD et al. v. LURIA STEEL & TRADING CORP.

United States Court of Appeals Eighth Circuit.

December 3, 1951.


Attorney(s) appearing for the Case

Albert G. Schatz and Harold W. Kauffman, Omaha, Neb. (Gross, Welch, Vinardi & Kauffman and Daniel J. Gross, all of Omaha, Neb., on the brief), for appellants.

Alexander McKie, Jr., Omaha, Neb. (Finlayson, McKie & Kuhns and Barton H. Kuhns, all of Omaha, Neb., on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.


SANBORN, Circuit Judge.

This appeal challenges the validity of a summary judgment, Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., in so far as it dismissed a counterclaim of the defendants (appellants). The defendants assert that their counterclaim presented a genuine issue of fact triable by a jury, and that the plaintiff (appellee) was not entitled to judgment as a matter of law upon the issues raised by the counterclaim.

The plaintiff brought this...

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