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OCCIDENTAL REALTY COMPANY, INC. v. GENERAL INSURANCE COMPANY OF AMERICA

No. 6619.

301 A.2d 66 (1973)

OCCIDENTAL REALTY COMPANY, INC. d/b/a Occidental Coal Company of Tennessee, et al., Appellants, v. GENERAL INSURANCE COMPANY OF AMERICA, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1973.

Attorney(s) appearing for the Case

Richard Whittington Whitlock, Washington, D. C., for appellants.

Thomas H. Talbott, Washington, D. C., for appellee.

Before FICKLING, KERN and YEAGLEY, Associate Judges.

PER CURIAM:

Appellants were sued for money alleged to have been erroneously paid by appellee on appellants' behalf to the State of West Virginia under a surety contract. The motions judge granted appellee's motion for summary judgment after refusing to allow oral testimony in defense of the motion. He held that he could not take oral testimony either in support or in opposition to a motion for summary judgment under Superior Court Civil Rule 56. Appellants contend...

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