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LABORERS' PEN. FUND v. RES ENVIRON SERVICES

No. 03-3360.

377 F.3d 735 (2004)

LABORERS' PENSION FUND, et al., Plaintiffs-Appellees, v. RES ENVIRONMENTAL SERVICES, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 2004.

Rehearing Denied September 13, 2004.

Attorney(s) appearing for the Case

Karen I. Engelhardt (argued), Allison, Slutsky & Kennedy, Chicago, IL, for Plaintiffs-Appellees.

Gerard C. Smetana (argued), Smetana & Avakian, Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.

FLAUM, Chief Judge.

This appeal calls upon us to apply the familiar principle that conclusory and immaterial statements contained in an affidavit are insufficient to bar summary judgment. Defendant RES Environmental Services, Inc. ("RES"), relying exclusively on an affidavit submitted by its company owner, seeks reversal of the district court's decision granting summary judgment to Plaintiffs, Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare...

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