HAVILAND CLAY WORKS COMPANY v. UNITED STATES

Civ. No. 7379.

169 F.Supp. 61 (1955)

HAVILAND CLAY WORKS COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. Ohio, W. D.

December 13, 1955.


Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, Joseph B. Brennan, Washington, D. C., Effler, Eastman, Stichter & Smith, Roger H. Smith, Toledo, Ohio, for plaintiff.

Sumner Canary, U. S. Atty., Cleveland, Ohio, Clarence M. Condon, Asst. U. S. Atty., Toledo, Ohio, for defendant.


KLOEB, District Judge.

Plaintiff moves the Court for summary judgment in its favor in accordance with the provisions of Rule 56(a) and (c) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that the pleadings and five affidavits attached thereto show that plaintiff is entitled to judgment as a matter of law.

Defendant moves the Court to deny plaintiff's motion for summary judgment on the grounds that there are genuine issues as to material...

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