Unpublished Disposition, 935 F.2d 273 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 273 (9th Cir. 1991)

No. 90-15467.

United States Court of Appeals, Ninth Circuit.

Before SCHROEDER and FARRIS, Circuit Judges, and DUMBAULD,*  Senior District Judge.


To avoid summary judgment a party must raise a genuine issue of material fact. We understand but reject Eugene Burger Management Corporation's unique argument. The district court properly held that certain deposition testimony taken in proceedings that did not involve the parties to this proceeding was inadmissible hearsay. The district court also correctly concluded that there was insufficient evidence to support the plaintiff's asserted claims. There are thus no genuine issues of material fact. The district court correctly applied the relevant substantive law. See Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir. 1989).



Honorable Edward Dumbauld, Senior United States District Judge for the Western District of Pennsylvania, sitting by designation


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3