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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)

Citation
Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)
Parent Document
Lena Robinson v. Diamond Housing Corporation, 463 F.2d 853 (1972)
Jurisdiction
DC (municipal)
Effective Date
1972-04-03

Other Sections in This Document (189)

Full Text

624 chars
. This rule is not changed by the fact that Mrs. Robinson failed to submit counter-affidavits. Where, as here, the affidavits submitted by the movant are insufficient as a matter of law, the opponent’s failure to counter them can have no relevance. Moreover, since the movant’s affidavits *862assert matters concerning the affiant’s motive and intention, failure to counter them does not necessitate acceptance of their contents as true. See, e. g., Cellini v. Moss, 98 U.S.App.D.C. 114, 116, 232 F.2d 371, 373 (1956) ; Subin v. Goldsmith, 2 Cir., 224 F.2d 753, 759 (1955). . See Regulations § 2902.1(a). . See id. § 2902.2.