Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• looking to “West Virginia cases and to general authorities in applying the elementary principles pertinent to [this] decision”
• \Our analysis of the record before the district court convinces us that summary judgment was not warranted on any alternative basis there revealed and urged.\
• “Our analysis of the record before the district court convinces us that summary judgment was not warranted on any alternative basis there revealed and urged.”
• on a summary judgment motion, the court must “assess the evidence as forecast in the documentary materials ... in the light most favorable to the party opposing the motion”
• Summary judgment “should be granted only in those cases where it is perfectly clear that no issue of fact is involved and inquiry into the facts is not desirable to clarify the application of the law.”
• reversing summary judgment where intent was at issue

Source: CourtListener parenthetical corpus (CC0).