Agapito Fajardo and Clara S. Fajardo - Page 9

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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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