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Fred Hampton — Part 3
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OPINION OF ‘TILE COURT. 15
plaintiff’s statements were not made ‘‘on personal knowl-
edge’’ since she did not witness the events of the 15th.
Hahn vy. Sargent, supra, 523 F.2d at 466-67. See Chan
Wing Cheung v. Hamilton, 288 F.2d 459, 460- (1st Cir.
1962). See generally Automatic Radio Manufacturing Co.
v. Hazeltine Research, Inc., 339 U.S. 827, 831 (1950). They
were, instead, purportedly based upon testimony she heard
at an inquest? and on an autopsy report. Yet, sworn or
certified copies of the transcript of the inquest and the
autopsy report were not, as required, attached to her
eounterafiidavits or served with them. Washinyton Post
Co. v. Keogh, 365 F.2d 965, 971 (D.C. Cir. 1966), cert.
denied, 385 U:S. 1011 (1967). In addition, to the extent
that the plaintiff was repeating statements made by others,
she was apparently relying upon hearsay—inadmissible
evidence to which she would not be competent to testify.
Broadway v. City of Montgomery, Alabama, 530 F.2d 657,
661 (Sth Cir. 1976). Particular portions’ of the counter-
affidavits were improper because they purported to ex-
amine the defendants’ thoughts as well as their actions.*
Hahn v. Sargent, supra, 523 F.2d at 466. Other portions
contained: impermissible speculation or conclusory .lan-
guage.!? Applegate v. Top Associates, Inc., 425 F.2d 92,
96-97 (2d Cir. 1970). See Feldman v. Brizer, 205 F. Supp.
87, 90 (D. Mass. 1962).
The plaintiffs’ efforts to salvage her counteraffidavits
on appeal do not impress us. First, she appears to argue
10 According to the amended answer filed by the state police
officers, the inquest resulted in a determination of justifiable homi-
cide.
11 For example, ‘ong . . . knew’? and ‘‘[i]t was plain to
{MaeDonald].’’ é;
12 For example, ‘‘Long . . . allowed excessive force to be used’’;
“the autopsy ... showed that my son was hit in the left armpit
without his arm being hit, showing that Itis arms were raised high
in surrender’; ‘‘[t]here was clearly no reason for MacDonald
to shoot.’’ P
- 15a -
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eh men et ee een men!
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