ALLSTATE FINANCE CORPORATION v. ZIMMERMAN

No. 18911.

296 F.2d 797 (1961)

ALLSTATE FINANCE CORPORATION et al., Appellants, v. Irving ZIMMERMAN et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 29, 1961.


Attorney(s) appearing for the Case

Melvin T. Boyd, T. J. Blackwell, Blackwell, Walker & Gray, Miami, Fla., for appellants.

Martin Lemlich, Darrey A. Davis, Clyde Trammell, Jr., Asst. County Atty., Miami, Fla., for appellees.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal from an order of the District Court granting a motion for summary judgment filed by the defendants and dismissing the complaint with prejudice. The questions are two-fold. (1) May a District Court sustain a motion for summary judgment after another Judge of the same court has denied a motion for summary judgment filed on behalf of the same parties, and (2) is the order of dismissal sustainable either on the ground that our earlier...

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