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
Original Source: https://www.courtlistener.com/opinion/304588/lena-robinson-v-diamond-housing-... ↗

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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 assert 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) 13
See Regulations Sec. 2902.1(a) 14
See id. Sec. 2902.2

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