DAVIS ELLIOTT INTERN. v. PAN AMERICAN CONTAINER

No. 82-1531.

705 F.2d 705 (1983)

DAVIS ELLIOTT INTERNATIONAL, INC., Appellant, v. PAN AMERICAN CONTAINER CORP.

United States Court of Appeals, Third Circuit.

Decided May 2, 1983.


Attorney(s) appearing for the Case

Daniel B. Pierson, V (argued), Pierson, Cameron & Morris, P.C., Philadelphia, Pa., for appellant.

James W. Johnson (argued), William H. Black, Jr., Hecker, Maginnis, Rainer & Brown, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and HIGGINBOTHAM and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Plaintiff appeals from the district court's sua sponte entry of summary judgment for the defendant, entered before responses to discovery requests were filed, without notice to the parties that disposition on the merits was being considered, and without a hearing. Because the district court's action departed from the orderly procedures required and contemplated by the Federal Rules of Civil Procedure,...

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