Van T. Junkins and Associates, Inc., an Alabama Corporation v. U.S. Industries, Inc.

CLARK, Circuit Judge:

The plaintiff-appellant Van T. Junkins and Associates, Inc. (Junkins) claims in this appeal that the district court erred in granting summary judgment to the defendants-appellees, U.S. Industries, Inc., A & S Building Systems, Inc., and others (A & S). To support its motion for summary judgment, A & S filed the deposition of Junkins, President of plaintiff. Prior to the hearing on A & S’s motion, plaintiff filed nothing in contradiction to the deposition. Two weeks later Junkins filed its affidavit, although untimely, in that Fed.R.Civ.P. 56 requires that opposing…