From Casetext: Smarter Legal Research

Nozet v. District of Columbia

United States Court of Appeals, District of Columbia Circuit
Feb 23, 1962
300 F.2d 735 (D.C. Cir. 1962)

Opinion

No. 16380.

Argued February 7, 1962.

Decided February 23, 1962.

Mr. Ethelbert B. Frey, Washington, D.C., with whom Mr. Ben Lindas, Washington, D.C., was on the brief, for appellant.

Mr. Ted D. Kuemmerling, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellee.

Before EDGERTON, BAZELON, and BURGER, Circuit Judges.


Appellant, a former mental patient, alleges in her complaint that appellee acted illegally in proceedings which resulted in the sale of her property by a court-appointed committee. The record contains a number of documents including an order of commitment, an order appointing a guardian ad litem, an order appointing a committee, the committee's petition for authority to sell assets, an order authorizing the sale, an order of restoration of legal status, and an order approving the committee's account. Thus it plainly appears that appellant's property was sold by a duly appointed officer of the District Court, as authorized by statute and with the court's approval.

This appeal is from an order of the District Court granting appellee's motion to dismiss the complaint. There is no genuine issue as to any material fact and appellee is entitled to judgment as a matter of law. The appropriate motion would have been one for summary judgment. The case is therefore remanded to the District Court with directions to enter judgment pursuant to Rule 12(b) and Rule 56, F.R.Civ.P., 28 U.S.C.A.

Remanded.


Summaries of

Nozet v. District of Columbia

United States Court of Appeals, District of Columbia Circuit
Feb 23, 1962
300 F.2d 735 (D.C. Cir. 1962)
Case details for

Nozet v. District of Columbia

Case Details

Full title:Mary Louise NOZET, Appellant, v. DISTRICT OF COLUMBIA, a Municipal…

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Feb 23, 1962

Citations

300 F.2d 735 (D.C. Cir. 1962)
112 U.S. App. D.C. 143

Citing Cases

Stevens v. Murphy

If, from the complete record, it appears that there is no genuine issue of material fact, and that the movant…

Thompson v. New York Central Railroad Company

We think not. Indeed, this very procedure has already been followed in this Circuit in Compania De Remorque Y…