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VANDERBOOM v. SEXTON

No. FS-68-C-47.

294 F.Supp. 1178 (1969)

Ilo VANDERBOOM et al., Plaintiffs, v. Sam SEXTON, Jr., James S. Hall, Charles H. Smith, Austin Gatlin, Erma S. Gatlin, Diamond G. Ranch, Inc., an Arkansas corporation, Texas Capital Corporation, a Texas Small Business Investment Company and the City National Bank of Fort Smith, Arkansas, a national banking association, Defendants.

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

January 24, 1969.

Attorney(s) appearing for the Case

Bethell, Stocks, Callaway & King, Ft. Smith, Ark., for plaintiffs.

Sam Sexton, Jr. pro se.

Harper, Young, Durden & Smith, Ft. Smith, Ark., for Gatlins and Diamond G Ranch, and Texas Capital Corp., for defendants.

Wright, Lindsey & Jennings, Little Rock, Ark., for James S. Hall.

OPINION

JOHN E. MILLER, Senior District Judge.

The questions before the court arise on the motions of the defendants for summary judgment.

On December 16, 1968, the defendant Sam Sexton, Jr., filed his motion for summary judgment in accordance with the provisions of Rule 56(b), (c), Fed. R.Civ.P., on the ground that "the complaint, answer of this defendant, and affidavit of this defendant attached hereto and marked Exhibit A, show that the defendant...

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