William L. Tippens, Deceased, Nell P. Tippens, Individually and as Widow of William L. Tippens v. The Celotex Corporation

U.S. Court of Appeals, Eleventh Circuit · Decided 1986-12-09

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*951 JOHN R. BROWN, Senior Circuit Judge: Celotex Corporation’s Motion for Summary Judgment was granted in this case when a non-party affiant’s deposition was inconsistent with his prior affidavit. The District Court held the inconsistencies created a sham affidavit and considered only the deposition testimony in granting summary judgment. We do not find the original a…

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