· 6/18/1975
William Radobenko and Mary G. Radobenko, His Wife, Individually and as Husband and Wife v. Automated Equipment Corporation, a California Corporation
Citations
- 520 F.2d 540
- 1975 U.S. App. LEXIS 14150
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the necessity of choosing between the [appellants’] two conflicting versions” of a material fact does not defeat summary judgment
- holding that “contradictory testimony of a plaintiff alone [cannot] be used by him to defeat 6 a defendant’s summary judgment motion where the only issue of fact results from the necessity of 7 choosing between the plaintiff’s two conflicting versions”
- holding 6| that “the necessity of choosing between the [appellants’] two conflicting versions” of a 7 | material fact does not defeat summary judgment
- characterizing 21 an affidavit that contradicted earlier deposition testimony as “sham issues [that] should not subject the defendants to the burden of trial”
- \The very object of summary judgment is to separate real and genuine issues from those that are formal or pretended ....\
- “[T]he very object of summary judgment is to separate real and genuine issues from those that are formal or pretended.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Koelsch, Duniway, Kelleher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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