· 2/10/1925
Ingram-Day Lumber Co. v. Donald
Citations
- 4 F.2d 537
- 5 A.F.T.R. (P-H) 5340
- 1925 U.S. App. LEXIS 3045
- 5 A.F.T.R. (RIA) 5340
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that arguments not fairly presented to the district court generally will not be considered on appeal
- holding that an agreement to loan “additional monies” related to “regular banking transactions”
- holding that the onus is upon the parties to formulate arguments and “[t]here is no burden upon the district court to distill every potential argument that could be made based upon the materials before it”
- holding that “mere general allegations which do not reveal detailed and precise facts will not prevent the award of summary judgment,” and “a party may not rely on his pleadings to avoid [summary] judgment against him”
- holding that a district court is not required to distill all potential legal arguments from the materials before it and the onus is on the parties to formulate legal arguments and present them to the district court for consideration
- explaining that “grounds alleged in the complaint but not relied upon in summary judgment are deemed abandoned”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bryan, Dawkins, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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