COMMUNITY OIL CO. v. WELCH

No. 5213.

105 N.H. 320 (1964)

COMMUNITY OIL CO. v. ROBERT WELCH.

Supreme Court of New Hampshire.

Decided March 31, 1964.


Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown and G. Marshall Abbey (Mr. Abbey orally), for the plaintiff.

Mack M. Mussman (by brief and orally), for the defendant.


LAMPRON, J.

The first question transferred is the following: "Is the defendant's affidavit of defense a sufficient counter-affidavit for the purpose of RSA 491:8-a or should the facts stated in the plaintiff's affidavit be taken as admitted"?

The mission of the summary judgment procedure is to "pierce the pleadings and assess the proof" (6 Moore's Federal Practice (2d ed.) s. 56 (e)) in order to determine if there is a genuine issue of material...

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