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Technology Stocks : Ampex Corporation (AEXCA)
AMPX 12.18-0.3%Dec 5 9:30 AM EST
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To: Swamp Fox who wrote (8411)5/13/1999 9:59:00 PM
From: mph  Read Replies (2) of 17679
 
"throwing out a motion for summary judgment" is not
very accurate.

Undoubtedly the judge denied a motion for summary judgment.
This doesn't mean that he made a decision about the merits of the
case one way or another.

A motion for summary judgment requests the court to enter judgment in favor of the moving party or against the opposing party as a matter
of law. In order to make that decision, the court must be shown that
there are no material facts in dispute and that the moving party is entitled to the judgment it seeks as a matter of law.

Thus, if there is any material fact in dispute, the motion must be
denied. It must also be denied if there are no material facts in dispute but the moving party as a matter of law is not entitled to the judgment it seeks.

Parties who file unsuccessful motions for summary judgment can still win at trial. These motions are usually denied because of a factual dispute which must be resolved by the trier of fact (judge or jury).

mph
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