Legal Opinion
William L. Tippens, Deceased, Nell P. Tippens, Individually and as Widow of William L. Tippens v. The Celotex Corporation
Court of Appeals for the Eleventh Circuit
Decided December 9, 1986No. 84-8312PublishedCited by 391 opinions
1Opinion of the Court
*951JOHN 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 affidavit inherently inconsistent with the deposition and hold that any question of credibility or weight to be given to the evidence resulting from variances between an affidavit and deposition is a question of fact for the trier of…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Arnold G. Barwick v. The Celotex Corporation, Keene Corporation, Pittsburgh Corning Corporation, H.K. Porter, Forty-Eight Insulations, Inc.Court of Appeals for the Fourth Circuit · 1984
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
12 more not listed; retrieve them via the Exa API.
3Cited by391 opinions
- Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
- Thomas Flannery v. Recording Industry Association of AmericaCourt of Appeals for the Seventh Circuit · 2004
- Borges Ex Rel. SMBW v. Serrano-IsernCourt of Appeals for the First Circuit · 2010
- Reese v. HerbertCourt of Appeals for the Eleventh Circuit · 2008
- Norma Rollins v. Techsouth, Inc.Court of Appeals for the Eleventh Circuit · 1987
386 more not listed; retrieve them via the Exa API.