Blake v. Bell's Trucking, Inc. , 31 F. App'x 90 ( 2002 )


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  •                          UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    ANNA BLAKE; LAWRENCE BLAKE,           
    Plaintiffs-Appellants,
    v.
                No. 01-1634
    BELL’S TRUCKING, INCORPORATED;
    BELL’S BUS SERVICE, INCORPORATED,
    Defendants-Appellees.
    
    Appeal from the United States District Court
    for the District of Maryland, at Baltimore.
    J. Frederick Motz, District Judge.
    (CA-99-11-JFM)
    Submitted: February 4, 2002
    Decided: February 15, 2002
    Before NIEMEYER and TRAXLER, Circuit Judges, and
    HAMILTON, Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Barry S. Brown, Baltimore, Maryland, for Appellants. Robert G.
    McGinley, Brett Schoel, MACLEAY, LYNCH, GREGG, & LYNCH,
    P.C., Washington, D.C., for Appellees.
    2                     BLAKE v. BELL’S TRUCKING
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Anna and Lawrence Blake ("Plaintiffs") appeal the district court’s
    order granting summary judgment in favor of Bell’s Trucking, Inc.
    and Bell’s Bus Service, Inc. ("Defendants") in their diversity action
    for negligence, breach of contract, and loss of consortium. We affirm.
    We review de novo a district court’s order granting summary judg-
    ment and view the facts in the light most favorable to the nonmoving
    party. Kubicko v. Ogden Logistics Servs., 
    181 F.3d 544
    , 551 (4th Cir.
    1999). Summary judgment is appropriate when no genuine issue of
    material fact exists and the moving party is entitled to judgment as a
    matter of law. Fed. R. Civ. P. 56(c). Once the moving party dis-
    charges its burden by showing the absence of evidence to support the
    nonmoving party’s case, the nonmoving party must come forward
    with specific facts showing a genuine issue for trial. Celotex Corp. v.
    Catrett, 
    477 U.S. 317
    , 325 (1986); Matsushita Elec. Indus. Co. v.
    Zenith Radio Corp., 
    475 U. S. 574
    , 586-87 (1986). Summary judg-
    ment will be granted unless a reasonable jury could return a verdict
    for the nonmoving party on the evidence presented. Anderson v. Lib-
    erty Lobby, Inc., 
    477 U.S. 242
    , 247-48 (1986).
    With these standards in mind, we affirm the district court’s order
    granting summary judgment to the Defendants based upon the reason-
    ing of its memorandum opinion. See Blake v. Bell’s Trucking, Inc.,
    No. CA-99-11-JFM (Md. Apr. 6, 2001). We dispense with oral argu-
    ment because the facts and legal contentions are adequately presented
    in the materials before the court and argument would not aid the deci-
    sional process.
    AFFIRMED
    

Document Info

Docket Number: 01-1634

Citation Numbers: 31 F. App'x 90

Judges: Niemeyer, Traxler, Hamilton

Filed Date: 2/15/2002

Precedential Status: Non-Precedential

Modified Date: 10/19/2024