Tenth Circuit· 7/7/1986

Franks v. Nimmo

Citations

796 F.2d 1230
1986 U.S. App. LEXIS 26729

How courts have described this case

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

holding that district courts reviewing a summary judgment motion “will disregard a contrary affidavit when they conclude that it constitutes an attempt to create a sham fact issue”
stating “courts will disregard a contrary affidavit when they conclude that it constitutes an attempt to create a sham fact issue”
in finding a sham factual issue the Tenth Circuit said “his affidavit makes no reference to his earlier contrary statements, and his earlier testimony is unequivocal”
“[T]he utility of summary judgment as a procedure for screening out sham fact issues would be greatly undermined if a party could create an issue of fact merely by submitting an affidavit contradicting his own prior testimony.”
“[T]he utility of summary judgment as a procedure for screening out sham fact issues would be greatly undermined if a party could create an issue of fact merely by submitting an affidavit contradicting his own prior testimony.”
“[T]he utility of summary judgment as a procedure for screening out sham fact issues would be greatly undermined if a party could create an issue of fact merely by submitting an affidavit contradicting his own prior testimony.”

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69 cases in this archive cite this case; the 20 most cited are listed.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

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