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TIME, INC. v. McLANEY

No. 25585.

406 F.2d 565 (1969)

TIME, INC., d/b/a Life, Appellant, v. Michael J. McLANEY, a/k/a Mike McLaney, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 11, 1969.

Attorney(s) appearing for the Case

Harold R. Medina, Jr., New York City, Wm. S. Frates, Miami, Fla., for appellant, Larry S. Stewart, Frates, Fay, Floyd & Pearson, Miami, Fla., V. Thomas Fryman, Jr., Cravath, Swaine & Moore, New York City, of counsel.

Robert Orseck, J. B. Spence, Ronald S. Golub, Miami, Fla., for appellee, Podhurst & Orseck, Spence, Payne & Mastington, Miami, Fla., of counsel.

Before JOHN R. BROWN, Chief Judge, TUTTLE, Circuit Judge, and FISHER, District Judge.

Rehearing En Banc Denied February 11, 1969.

TUTTLE, Circuit Judge:

We are here presented with an unusual appeal, since it has heretofore hardly ever fallen to the lot of this court to consider an appeal from the denial by the trial court of a motion for summary judgment. Prior to the adoption by the Congress of the 1958 Amendment to 28 U.S.C.A. § 1292, by adding Section (b), no appeal could be taken from such an order by the trial court because...

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