Dyer v. MacDougall
United States Court of Appeals for the Second Circuit
201 F.2d 265 (2d Cir. 1952)
Relevant factsFree
Dyer (plaintiff) sued MacDougall (defendant) for slander over allegedly defamatory statements MacDougall and his wife supposedly made to two other individuals, but in depositions and affidavits, MacDougall, his wife, and both alleged listeners all denied that the statements were ever made or heard; the trial court granted the defendants summary judgment on the theory Dyer had no evidence left to bring at trial.
IssueFree
Whether a plaintiff may withstand a summary judgment if the only possible evidence in his favor at trial is evidence of the demeanor of the witnesses against him.