KEATING v. JONES DEVELOPMENT OF MISSOURI, INC.

No. 25174.

398 F.2d 1011 (1968)

Paul P. KEATING, III, a minor by his father and next friend, Paul P. Keating, Jr., and Paul P. Keating, Jr., Individually, Appellants, v. JONES DEVELOPMENT OF MISSOURI, INC., d/b/a Holiday Inn of Tallahassee, Appellee.

United States Court of Appeals Fifth Circuit.

July 30, 1968.


Attorney(s) appearing for the Case

J. Robert McClure, Jr., Tallahassee, Fla., Charles D. McClure, McClure, Wigginton & McClure, Tallahassee, Fla., for appellants.

E. Harper Field, Keen, O'Kelley & Spitz, Tallahassee, Fla., for appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.


GOLDBERG, Circuit Judge:

We are compelled to add one more statistic to the high mortality rate of summary judgments. See Barber v. Motor Vessel "Blue Cat", 5 Cir.1967, 372 F.2d 626, 627 (fn. 1 and accompanying text). We have cautioned against its "misguided application," and repeat the warning here. Brunswick Corp. v. Vineberg, 5 Cir.1966, 370 F.2d 605, 612. Summary judgment was granted against plaintiff...

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