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Fred Hampton — Part 3
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3 MAIORANA V. MACDONALD:
In deciding whether the district court properly granted -
summary judgment, we are guided by Fed.R.Civ.P. 56 and
the principles discussed in Hahn v. Sargent, 523 F.2d 461
(1st Cir. 1975), cert. denied, 425 U.S. 904 (1976). We must
determine whether the defendants, as the moving parties,
affirmatively demonstrated that there was ‘‘no genuine
issues as to any material fact.’? Rule 56(c). In doing so,
we view the record ‘‘ ‘in the light most favorable to ... the
party opposing the motion,’ ’’ Haha, supra, at 464, quoting
Poller v. Columbia Broadcasting System, 368 U.S..464, 473
(1962), and ‘‘indulge all inferences favorable to the party
opposing the motion.’’ Hahn, supra, at 464, citing United
States v. Diebold, Inc., 369 U.S. 634, 635 (1962). We are
also required to consider whether the plaintiff’s counter-
affidavits conformed to Rule 56(e),. which states in perti-
nent: part:
Supporting and opposing affidavits. shall be made on
‘ personal knowlédge, shall sét forth such facts as would
be admissible in evidence, and shall show affirmatively
that the affiant is competent to testify to all matters
stated therein. Sworn or certified. copies of all papers
or parts thereof referred to in an affidavit shall be
attached thereto or served therewith.
We are well aware, as was the district court, that cases
like this one in which state of mind is at issue do not
usually lend themselves to summary judgment. - Poller v.
Columbia Broadcasting System, supra, at 473; Gual Jor-
ales v. Hernandez Vega, 579 F.2d 677, 680-81 (1st Cir.
1978); 10 Wright and Miller, Federal Practice and Pro-
‘cedure: Civil § 2730 (1973). In Hahn, where state of mind
was at issue, while upholding summary judgment, we indi-
cated that ‘‘great circumspection is required’? in such
circumstances and a trial is appropriate as. long as the
party opposing summary judgment has given ‘‘some indi-
cation that he can produce the requisite quantum of evi-
$
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