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am BNE ERC TREES TONG fy B = e % [its . opposition, "? There is, therefore, no genuine issue as to the following facts, which are the only ones I find relevant to a decision of the issues before me: 1. That the claimant seeks to impo:t the libelled material "for the sole pur- pose of furthering its study cf human sexual behavior as manifested in varying forms of expression and activity and in different 6 national cultures and historical periods." 2. That the libelled material will not be available tc members of the general public, but "will be held under security conditions «-. for the sole use of the Institute staff members or of qualified scholars engaged in bona fide research...;*7 and 3. That, eas to those who will have access to the material sought to be imported, | there is no reasonable probability that,it will appeal to their prurient interest. > Fed. R. Civ. P. 5o(f). The @overnment's position on orai argument and subsequently has been that while it does not wish to submit affidavits, it does not concede the truth of the facta set forth in claimant's affidavits. Of course, a motion for summary judgment cannot be defeated by a simple declaration that the opponent does not concede the facts which are clearly established by the movant'sg affidavits. "But where the moving party properly shoulders his burden, the op- posing party must either come forward with some proof that raises a genuine factual issue or, in accordance with Rule 56(f), show reasons satisfactory to the court why it is presently not forthcoming." 6 Moore's Federal. Practice, par. 56.15{5! (2d ed. 3323}. Cf. Engl v. Aetna Life Ins. Co., 139 F.2d 469 (2d Cir. 1943). . I am aware, of course, of my discretion to refuse sum- mary judgment even though the Government has stood mute, see 6 Mocre's F deral Practice, par. 56.15[6] (2d ed. 1953); but I gee no reason to do so in this case, 6 page 1°. on Id. at page 13. Affidavit of Paul H. Gebhard, President of the Institute,