(concurring) :
I concur. However, I think that since our opinion in Dupler v. Yates 1 we have not followed the plain meaning of Rule 56 (c), U.R.C.P., to the effect that a summary judgment should not be granted where there is a genuine issue as to a material fact, and I think that the above Rule should be changed to conform to our decisions.
. Dupler v. Yates, 10 Utah 2d 251, 351 P.2d 624. See also my concurrence with the dissenting opinion of Justice Crockett in Hughes v. McCormick, Utah, 412 P.2d 613, decided March 31, 1966.