21. :: : : : We have issues of fact not of opinion here, WP : NPOV has nothing to do with it. 22. This indicates that there is a material issue of fact over market power, and therefore summary judgment on the issue was improvident. 23. The evidence in this case fails to raise any genuine issue of fact that defendant Cargill was a member of the conspiracy, 24. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. 25. The court must not hesitate to decide an issue of fact on affidavit merely because it may be difficult to do so. 26. There was no triable issue of fact on the latter point, and the Court noted Ellerth had not used Burlington's internal complaint procedures. 27. On June 21, 1995, Judge Whyte issued a ruling that refused to dismiss Klemesrud, and Netcom because of a triable issue of fact . 28. "The president's lawyer has raised some issues of fact , but if there are material issues of fact " the case should go to trial. 29. "The president's lawyer has raised some issues of fact, but if there are material issues of fact " the case should go to trial. 30. I have asked you to deal with any issues of fact specifically one by one and you have obviously made up your mind already.
