Frank M. Booth, Inc. v. Reynolds Metals Co.

ORDER

This matter came on for hearing on December 14, 1990, on the parties’ cross motions for summary judgment. William A. Lichtig Esq., and Todd D. Leras, Esq., appeared as counsel for plaintiff Frank M. Booth, Inc. Anthony C. Diepenbrock, Esq., and Mark H. Harris, Esq., appeared as counsel for defendant Reynolds Metals Company.

I. Procedural Background

In January and February 1990, the parties filed extensive summary judgment briefs, as well as a lengthy “stipulation as to facts without substantial controversy.” The visiting judge previously assigned to this matter, in a brief order entered February 20, 1990, declined to grant summary judgment as to any portion of the case. The parties were not given an opportunity to orally urge their summary judgment motions. Since that time the parties also have filed extensive trial briefs and a joint pretrial statement setting forth their respective positions.

The matter was reassigned to this court on November 28, 1990. At a status conference on November 18, 1990, the court notified the parties that based upon a preliminary review of the file several of the issues previously briefed appeared appropriate for summary judgment…