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obligation to respond imposed both by Rule 121 and by Court
order. A motion for summary judgment under Rule 121 requires the
nonmoving party to demonstrate, by affidavit, deposition, answers
to interrogatories, and admissions or other evidentiary materials
satisfying the requirements of Rule 121, that there is a genuine
issue of material fact for trial. See Celotex Corp. v. Catrett,
supra at 324. Petitioners have failed to do so.
In Celotex Corp. the Supreme Court examined the burden
imposed on a party moving for summary judgment under rule 56 of
the Federal Rules of Civil Procedure with respect to issues on
which the nonmoving party had the burden of proof at trial. The
case involved an asbestos action in which one of the corporate
defendants had filed a motion for summary judgment without
attaching affidavits or other similar material negating the
plaintiff's claims. The District Court granted the motion for
summary judgment because there was no showing that the
plaintiff's deceased husband was exposed to the defendant's
product within the period of limitations. The plaintiff
appealed, and the Court of Appeals for the District of Columbia
Circuit reversed, holding that the motion for summary judgment
was defective because the moving party did not present any
evidence to support its motion.
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Last modified: May 25, 2011