District Court, W.D. Arkansas July 14, 1958, Civ. A. No. 1392 (Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.)

JOHN E. MILLER, District Judge.

The court has before it for consideration defendant’s motion for summary judgment. First to be determined is the question of whether there is a genuine issue as to any material fact, and if there is no genuine issue of fact, whether defendant is entitled to a judgment in its favor as a matter of law. Rule 56, Fed. Rules Civ.Proc., 28 U.S.C.A.