American Telephone & Telegraph Co. v. Dubuque Communications Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “We have held that language [in R.C.P. 237(e)] requires movant to establish by evidentiary matter the absence of a genuine issue and this is so even though no adequate resistance is made”
• \We have held that language [in R.C.P. 237(e)] requires movant to establish by evidentiary matter the absence of a genuine issue and this is so even though no adequate resistance is made\
• “While failure to adequately resist a motion for summary judgment is a dangerous course for defendant to take, it becomes fatal only if the summary judgment movant has met the burden of proof imposed upon it . . . .”
• “A summary judgment is neither a method of avoiding the necessity of proving one’s case nor a clever procedural gambit whereby a claimant can shift to his adversary his burden of proof on one or more issues.” (quoting United States v. Dibble, 429 F.2d 598, 601 (9th Cir. 1970))
• “A summary judgment is neither a method of avoiding the necessity of proving one’s case nor a clever procedural gambit whereby a claimant can shift to his adversary his burden of proof on one or more issues.” (quoting United States v. Dibble, 429 F.2d 598, 601 (9th Cir. 1970))
• “A summary judgment is neither a method of avoiding the necessity of proving one’s case nor a clever procedural gambit whereby a claimant can shift to his adversary his burden of proof on one or more issues.” (quoting United States v. Dibble, 429 F.2d 598, 601 (9th Cir. 1970))

Source: CourtListener parenthetical corpus (CC0).