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However, summary judgment is never to be a substitute for trial if there is an issue of material fact.
This week, Judge David A. Garcia dismissed the lawsuit, saying in court papers that "the court finds there is no triable issue of material fact".
As discussed above, there is a genuine issue of material fact as to whether the NYT altered the meaning of the quotation.
The award seeks to address the same issue of material wealth that the great man discussed by handing the recipient $5m £3mm) and a sizeable pension for life.
The Commission may admit such a contention if it determines the petition raises a genuine issue of material fact regarding compliance with paragraph VIII.B.5 of this appendix.
The burden then shifts to the non-moving party to show the existence of a genuine issue of material fact in order to withstand the summary judgment motion.
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One example is the issue of materials lifetimes.
When Bill Gates wrote in his blog about China's stunning cement consumption, he pointed out that the issue of materials is key to helping the world's poorest people improve their lives.
The important issue of materials stability under operation is then discussed, taking into consideration, the typical membrane working condition characterized by high temperature, the presence of significant chemical, mechanical, and thermal gradients, as well as aggressive chemical components.
Delidow was interested in immediate issues of material care.
There are "geniune issues of material fact about Napster's compliance with the requirement," she wrote.
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