FRCP 56: Case Summary

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After finalizing his agreement with Andrews, Asher’s excavation work revealed the presence of underground concrete and gas tanks used by the prior gas station. [Andrews Deposition, Exhibit G]. Asher was not able to complete the work because it required demolition services that he could not provide. [Transc. Andrews Depo. at 13; Exhibit F]. The Company refused to pay Asher for the amount of work he was able to complete. [Asher Depo. Exhibit 11]. Motion Standard Under FRCP 56, summary judgment must be granted if the movant, through the pleadings, the discovery, and disclosure materials on file, shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. FRCP 56(c) mandates the

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