- 84 - dispute about a material fact and that they are entitled to judgment as a matter of law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) (citing Kennedy v. Silas Mason Co., 334 U.S. 249 (1948)). 5. Holding We hold for respondent on the second prong--that petitioners’ motion for partial summary judgment will not be granted as to whether EAPR’s activities with respect to the video games in the years before the Court amount to EAPR’s manufacture or production of video games in Puerto Rico within the meaning of subsection (d)(1)(A) of section 954. We hold for petitioners on the first prong--that petitioners’ motion for partial summary judgment will be granted as to whether EAPR’s activities with respect to the video games in the years before the Court amount to EAPR’s having a substantial business presence in Puerto Rico within the meaning of clause (ii) of section 936(h)(5)(B) without taking into account the requirements of the final flush language of that clause. An appropriate order will be issued granting in part and denying in part petitioners’ motion for partial summary judgment.Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84
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