Sartor v. Arkansas Nat. Gas Corp., 321 U.S. 620 (1944)

Sartor v. Arkansas Natural Gas Corp.


No. 232


Argued February 3, 1944
Decided March 27, 1944
321 U.S. 620

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

Summary judgment under Rule 56 of the Rules of Civil Procedure should not have been granted defendant solely upon opinion affidavits of experts who either were officer of defendant or whose interests with respect to the subject matter of the litigation were similar to that of defendant, and who had given like testimony at a previous trial of the cause wherein a jury had found contrary to their testimony. P. 627.

134 F.2d 433, reversed.

Certiorari, 320 U.S. 727, to review the affirmance of a judgment (46 F.Supp. 111) for the defendant, upon a motion for summary judgment under Rule 56, in a suit to recover sums claimed to be due the plaintiffs under an oil and gas lease.