FRANK C. BAILEY ENTERPRISES, INC. v. CARGILL, INC.

No. 78-1423. Summary Calendar.

582 F.2d 333 (1978)

FRANK C. BAILEY ENTERPRISES, INC., Plaintiff-Appellant, v. CARGILL, INCORPORATED, a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 1978.


Attorney(s) appearing for the Case

J. Earl Smith, Dothan, Ala., for plaintiff-appellant.

J. Huntley Johnson, Dothan, Ala., Ben Kirbo, Bainbridge, Ga., for defendant-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.


PER CURIAM.

The sole issue raised on appeal is whether the district court correctly granted the defendant-appellee's motion for summary judgment.

We have reviewed the record and find that the appellee carried its burden of showing that there was no genuine issue as to any material fact and that it was entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). Once the movant has carried this burden, the non-moving party "must set forth specific...

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