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(Download) "Messimer v. Lockhart" by United States Court of Appeals for the Eighth Circuit ~ eBook PDF Kindle ePub Free

Messimer v. Lockhart

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eBook details

  • Title: Messimer v. Lockhart
  • Author : United States Court of Appeals for the Eighth Circuit
  • Release Date : January 25, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Virginia M. Gutting appeals from an order of the district court, the Honorable William L. Hungate presiding, entering summary judgment in favor of Falstaff Brewing Corporation and denying her motion for summary judgment. Guttings primary argument on this appeal is based on the claim that the district court erred in denying her motion for leave to file answers out of time to Falstaffs request for admissions and in ordering the matters set forth in the request deemed admitted. Gutting further contends that regardless of the admissions Falstaff has violated certain provisions of the Employee Retirement Income Security Act of 1974 (ERISA), and the district court erred in denying her motion for summary judgment on the issue of liability. Because we conclude that the district court erred by not allowing Gutting to file late answers to the request for admissions, we reverse and remand. We do not reach Guttings ERISA argument.


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