Summary
characterizing non-moving party's unsubstantiated and conclusory declaration which directly contracted other sworn testimony as an attempt to create a dispute and thereby defeat summary judgment
Summary of this case from Lewis v. U.S. Bank (In re Lewis)Opinion
CIVIL ACTION NO. 09-3034.
June 15, 2010
ORDER
AND NOW, this 15th day of June, 2010, upon consideration of the United States' Motion for Summary Judgment (Document No. 25), and the defendants' response, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED as follows:
1. The motion is GRANTED as to count I of the complaint;
2. In all other respects, the motion is DENIED;
3. Final judgment will be entered upon conclusion of the trial on count II of the complaint.