First Nat. Bank of Ariz. v. Cities Service Co.
- Decided
- May 20, 1968
- Docket
- 23
- Status
- Published
- Jurisdiction
- Federal
Cited 5,431 timesNo negative treatment found in this library
What later courts said
- holding that summary judgment is appropriate where non-moving party's evidence in support of a material aspect of its pleadings lacks any probative force — Skubel v. Sullivan (1996)
- holding that unsupported allegations or denials are insufficient to create a genuine issue of material fact for purposes of summary judgment — Guerrero v. Lumbermen's Mutual, Casulaty Co. (2001)
- holding that when the petitioner’s proof of conspiracy lacked probative force and the respondent’s evidence showed the absence of any conspiracy, summary judgment was proper. — Hubbard Richard Community Council v. City of Detroit (1995)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Marshall delivered the opinion of the Court.
At issue in this case is the propriety of an award of summary judgment in favor of respondent Cities Service in a treble-damage antitrust action. The District Court held there was no genuine issue as to material facts between the parties and that respondent was entitled to [*259] judgment as a matter of law. 38 F. R. D. 170 (D. C. S. D. N. Y. 1965). The Court of Appeals for the Second Circuit affirmed. 361 F. 2d 671 (1966). This Court granted certiorari, 385 U. S. 1024 (1967), to determine whether the decisions below were in conformity with Poller v. Columbia Broadcasting System, Inc., 368 U. S. 464 (1962). We conclude that Poller and other decisions of this Court were correctly applied and, accordingly, we affirm.
Because the question whether summary judgment is appropriate in any case is one to be decided upon the particular facts of that case, we shall set forth the background of this litigation in some detail (Part I) before turning to the specific issues petitioner raises (Parts II-V).
Cite this
First Nat. Bank of Ariz. v. Cities Service Co., 391 U.S. 253 (1968)Read the full opinion
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