With no explanation, chose the best option from "A", "B", "C" or "D". affidavit. Almost all affidavits submitted in litigation are drafted by the lawyers rather than by the affiants and a comparison of the diction of Russell’s deposition with that of the affidavit makes clear that his affidavit is no exception.” (internal citations omitted)). Some federal courts have adopted a particularly robust version of the sham affidavit doctrine, holding that, whenever a subsequent affidavit contradicts prior deposition testimony, it should be disregarded. See Buckner v. Sam’s Club, Inc., 75 F.3d 290, 292-93 (7th Cir.1996) (“The concern in litigation ... is that a party will first admit no knowledge of a fact but will later come up with a specific recollection that would override the earlier admission.”); Adams v. Greenwood, 10 F.3d 568, 572 (8th Cir.1993) (<HOLDING>); Jones v. General Motors Corp., 939 F.2d 380,

A: holding an order denying a motion for summary judgment is interlocutory and not appealable
B: holding that unsupported contentions do not preclude summary judgment
C: holding that a court may not consider hearsay contained in an affidavit when ruling on a summary judgment motion
D: holding that an affidavit denying what is established by ones own evidence  does not preclude summary judgment
D.