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The court rejected the Village's argument that summary judgment was inappropriate because material issues of fact were disputed.
The nature, price, and utility of these constructions are material issues of fact not suitable for determination by summary judgment.
Summary judgment may be granted if there are no material issues of fact in dispute and the moving party is entitled to judgment as a matter of law.
Thus, members of the clergy spend a disproportionate amount of time on "material" issues of maintaining buildings and operations (not something taught in seminary), often with compensation that is far below other "white collar" professions.
The Rev. Lloyd Prator, the rector of St. John's Episcopal Church in the West Village, was at his desk again, tending to the material issues of the spiritual life.
(b) In his report he may state (1) that the proposed arrangement should be approved or disapproved without a hearing; or (2) that a hearing should be held to resolve material issues of fact.
Similar(48)
139 (E.D.N.Y. 1990) (whether there is consent to community use is a material issue of fact in an action for trespass to chattels).
139 (E.D.N.Y.1990) (whether there is consent to community use is a material issue of fact in an action for trespass to chattels).
The Southern Baptist Convention, after all, split off from the Northern Baptist churches before the Civil War on the very material issue of slavery: the all-white denomination opposed church interference with it.
Rather, the corporation has the burden of proof under Rule 56 standards, which require it to establish the absence of any material issue of fact and its entitlement to relief as a matter of law.
However, this circuit has previously held that such lists of random similarities are inherently subjective and unreliable and do not in and of themselves create a material issue of fact.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com