Electronic Arts, Inc. and Subsidiaries - Page 20




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               Petitioners, as the moving parties, have the burden of                 
          showing the absence of a genuine issue as to any material fact.             
          For these purposes, the party opposing the motion is to be                  
          afforded the benefit of all reasonable doubt, and the material              
          submitted by both sides must be viewed in the light most                    
          favorable to the opposing party; that is, all doubts as to the              
          existence of an issue of material fact must be resolved against             
          the movants.  E.g., Adickes v. Kress & Co., 398 U.S. 144, 157               
          (1970); Dreher v. Sielaff, 636 F.2d 1141, 1143 n.4 (7th Cir.                
          1980); Kroh v. Commissioner, 98 T.C. at 390.                                
               In the instant cases, respondent has not filed any cross-              
          motion for partial summary judgment.  Where, as in the instant              
          cases, only one side has moved for summary judgment, there is               
          implicit in the movants’ obligations as to material facts that              
          the movants have to persuade the Court that they have correctly             
          identified what facts are material.                                         
               Petitioners submitted the affidavits of Richard C. Baker and           
          J. Everett Milott.  Richard C. Baker, a consultant in the early             
          1990s, describes his role in the establishment of EAPR, the                 
          establishment of the operations in the facility that EAPR leased            
          from PPI, and the activities of Zamora.  J. Everett Milott, PPI’s           
          executive vice present and general manager when he executed his             
          affidavit, describes PPI‘s activities from 1992 through 1996 in             
          connection with the Agreement and the Lease.  Respondent                    






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