051800P.pdf   02/24/2006  City of St. Joseph  v.  Southwestern Bell
   U.S. Court of Appeals Case No:  05-1800
   Western District of Missouri   
   [PUBLISHED] [Smith, Circuit Judge, with Heaney and Benton, Circuit Judges]
   Civil case. District court did not abuse its discretion in striking affidavit
   submitted in response to motion for summary judgment as the affidavit
   was a sham response which clearly contradicted the maker's earlier
   deposition testimony and was part of a last-minute attempt to create a
   genuine issue of material fact to defeat defendant's motion for summary
   judgment; Bell never promised the city it would have its phone lines
   facilities moved by a certain date, so any claim based on the theory of
   promissory estoppel must fail; letter from SWB only expressed the
   company's future intent to act and did not amount to a negligent
   misrepresentation.