GOLDBERG, Circuit Judge:
On the scheduled trial date, at a pretrial conference, the district court judge first gave plaintiffs notice that he might enter summary judgment. Several hours later, when the lawyers returned to pick the jury, they were informed that the judge had decided to enter a sua sponte summary judgment for the government. Because settled precedent in this circuit bars entry of summary judgment without the ten days notice mandated by Fed.R.Civ.P....
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