UNITED STATES RUBBER CO. v. BERCHER'S ROYAL TIRE SERVICE

No. 1620.

205 F.Supp. 368 (1962)

UNITED STATES RUBBER COMPANY, a Corporation, Plaintiff, v. BERCHER'S ROYAL TIRE SERVICE, INC., Eugene A. Bercher, Doris E. Bercher, Paul J. Bercher, Jr., and Martine Bercher, Defendants.

United States District Court W. D. Arkansas, Fort Smith Division.

May 23, 1962.


Attorney(s) appearing for the Case

Daily & Woods, Fort Smith, Ark., for plaintiff.

Hardin, Barton & Hardin, Charles R. Garner, Fort Smith, Ark., for defendants.


JOHN E. MILLER, Chief Judge.

This case is before the court upon plaintiff's motion for summary judgment in its favor dismissing the defendants' defense of set-off based upon an oral agreement of compromise and settlement, on the ground that there is no genuine issue as to any material fact and that the plaintiff is entitled to a judgment as a matter of law.

Plaintiff filed its complaint on December 13, 1961, containing three counts. Count I alleged the indebtedness...

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