Billye Saunders and Jerry Saunders v. Michelin Tire Corporation

E. GRADY JOLLY, Circuit Judge:

Billye and Jerry Saunders appeal from a district court order summarily dismissing their personal injury suit against the Michelin Tire Corporation. As their sole assignment of error, they argue that the court granted Michelin’s summary judgment motion on the basis of a deposition that never made its way into the record. We agree but, having found the record bare of proof in support of the Saunders’ claims, nevertheless affirm.

I

Billye Saunders is a nurse in the employ of Goliad County, Texas. As told by her and her husband’s complaint, on May 5, 1989, the county…