BOYER, Chief Judge.
Appellee Grusmark moved for a summary judgment, whereupon appellant sought to have the court consider, in passing upon the appellee's motion for summary judgment, certain depositions taken in another case to which appellee was not a party. Appellee received no notice of the taking of the depositions in the other case, was not present, was not represented and had no opportunity to cross examine the deponent. In considering a motion for summary judgment...
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