May 10, 1962
WADE CHEESMAN, APPELLANT,
TIDEWATER MILL & ELEVATOR CO., APPELLEE.
Before HASTIE, FORMAN and SMITH, Circuit Judges.
This is an appeal from a final order entered in conformity with Rule 54(b), Federal Rules of Civil Procedure, 28 U.S.C., granting summary judgment dismissing the action against Tidewater Mill & Elevator Co., one of several persons whom appellant joined as defendants in this personal injury case. The court below rightly concluded that the claim stated against this defendant was based solely upon its alleged ownership of certain real property, and that on motion for summary judgment it was clearly established that this party had not at any time owned the premises in question. Moreover, appellant's assertion in this court that appellee is estopped to deny ownership of the property fails because appellant has neither pleaded nor asserted in an affidavit that he in fact relied to his detriment upon any representation that appellee owned the premises.
The judgment will be affirmed.
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