SHAHID v. GULF POWER COMPANY

No. 18177.

298 F.2d 793 (1962)

Ernest W. SHAHID and Margaret P. Shahid, individually and d/b/a Shoreline Hotel and Cottage Colony, Appellants, v. GULF POWER COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 1, 1962.


Attorney(s) appearing for the Case

Walter B. Fincher, Atlanta, Ga., for appellants.

E. Dixie Beggs, Pensacola, Fla., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.


PER CURIAM.

Some parts of the majority opinion on original hearing, we now think, unduly restrict the office of summary judgment in negligence actions. The test of a genuine issue of fact is not as indicated in our quotation from Demandre v. Liberty Mutual Insurance Company, 5 Cir., 1959, 264 F.2d 70, 72, "whether no evidence could be offered to support the plaintiff's theory," unless that...

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