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· 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 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.