JULIUS GOLDMAN'S EGG CITY v. U. S.

No. 364-75.

556 F.2d 1096 (1977)

JULIUS GOLDMAN'S EGG CITY v. The UNITED STATES.

United States Court of Claims.

June 15, 1977.


Attorney(s) appearing for the Case

Edgar H. Brenner, Washington, D.C., atty. of record, for plaintiff; James A. Dobkin, Thomas B. Wilner and Arnold & Porter, Washington, D.C., of counsel.

Marc J. Fink, Washington, D.C., with whom was Acting Asst. Atty. Gen., Irving Jaffe, Washington, D.C., for defendant.

Before DAVIS, Judge, SKELTON, Senior Judge, and KASHIWA, Judge.


DAVIS, Judge.

A push for summary judgment is often pressed by one party or the other as a short-cut to by-pass what looms as a long or tedious trial on the facts. But we know that such a short-cut is blocked where there are disputed issues of material fact and the case cannot be decided as a matter of law on the uncontroverted facts. This is just such a litigation. The defendant alone has moved for summary judgment; the plaintiff insists that a trial is needed. Because...

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