MUSTANG FUEL CORP. v. YOUNGSTOWN SHEET AND TUBE CO.

No. 72-1334.

480 F.2d 607 (1973)

MUSTANG FUEL CORP., a corporation, Plaintiff-Appellant, v. YOUNGSTOWN SHEET AND TUBE COMPANY, an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 12, 1973.


Attorney(s) appearing for the Case

Ed Abel, Oklahoma City, Okla., for plaintiff-appellant.

Calvin W. Hendrickson, Oklahoma City, Okla., for defendant-appellee.

Before HILL and BARRETT, Circuit Judges, and SMITH, District Judge.


HILL, Circuit Judge.

Without going into a detailed statement of facts or background in this appeal, the case presents a single issue. Does a trial court have jurisdiction to grant a summary judgment under Rule 56, F.R.Civ.P., if paragraph (c) of the Rule has not been complied with? The pertinent part of the Rule provides: "Motion and Proceedings Thereon. The motion shall be served at least 10 days before the time fixed for the hearing. . . ."

The motion for...

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