· 7/25/1979
Curtis E. VETTER, Plaintiff-Appellant, v. Robert FROSCH Et Al., Defendants-Appellees
Citations
- 599 F.2d 630
- 1979 U.S. App. LEXIS 12909
- 20 Empl. Prac. Dec. (CCH) 30,129
- 20 Fair Empl. Prac. Cas. (BNA) 900
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Recognizing that unlike self-serving affidavits—which the Fifth Circuit has repeatedly held are insufficient, without more, to defeat a motion summary judgment—“a nonmovant’s deposition testimony is often considered by a court in … preclud[ing] summary judgment.”
- concluding that when a case is essentially a “trial on a stipulated record” all inferences must be drawn “in favor of the district court’s decisions which could be reversed on issues of fact only in the event it was found clearly erroneous”
- “We think, then, we have for review a decision on a stipulated record, albeit the matter was styled as a determination on motions for summary judgment.”
- “The appellant has the burden of persuading the appellate court that the district court erred.”
- “The appellant has the burden of persuading the appellate court that the district court erred.”
- trial on administrative record developed during Civil Service Commission proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Roney, Tjo-Flat
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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