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· 10/28/1983

Camfield Tires, Inc. v. Michelin Tire Corporation

Citations

  • 719 F.2d 1361
  • 38 Fed. R. Serv. 2d 49
  • 37 U.C.C. Rep. Serv. (West) 1139
  • 1983 U.S. App. LEXIS 15753

How courts have described this case

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

  • holding that an affidavit filed 3 by the plaintiff in opposition to a motion for summary judgment that directly contradicted his previous deposition testimony was insufficient to create a genuine issue of material fact
  • noting that the witness “was cross-examined at length on the subject during the earlier deposition”
  • addressing district court’s authority to strike affidavit submitted by party in resistance to motion for summary judgment
  • explaining evidence of confusion or mistake when being deposed may allow for a later, seemingly contradictory affidavit to create a genuine issue of fact
  • indicating district courts should not consider inherently contradictory affidavits submitted by the same party in summary judgment proceedings unless the party explains the inconsistency
  • discussing utility of summary judgment as “procedure for screening out sham issues of fact”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bright, Gibson, Hanson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.