In a civil action brought by appellants against appellees in the District Court of the United States for the District of Arizona, appellees moved for and obtained a summary judgment in their favor. From that judgment this appeal is prosecuted.

Summary, judgments are provided for in Rule 56 of’ the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, reading as follows:

In this case, a declaratory judgment was sought against appellees. ■ No other claim was asserted against them. There was no prayer for damages, no counterclaim, no cross-claim. Appellees moved with two supporting affidavits for a summary judgment in their favor. Appellants served an opposing affidavit. There were no further affidavits nor any depositions. The pleadings were (1) appellants’ amended complaint, hereafter called the complaint, and (2) appellees’ amended answer thereto, hereafter called the answer. There were no admissions except those in the answer. The answer admitted some of the allegations of the complaint, denied others and contained allegations which were deemed denied. Some, at least, of the issues thus raised were genuine issues as to máterial facts.

Thus, instead of showing that there was no genuine issue as to any material fact, the pleadings showed that there were such issues. The affidavits showed nothing to the contrary. One of the supporting affidavits contained statements made on information and belief. These statements should have been disregarded. Each of the supporting affidavits contained statements of legal conclusions. These, too, should have been disregarded. Numerous papers were referred to in each of the supporting affidavits. No sworn or certified copy of any such paper was attached to or served with either affidavit. Hence all references to such papers should have been disregarded. We conclude that the motion for a summary judgment was not well founded and should have been denied.

Judgment reversed and case remanded for further proceedings.

The complaint contained 37 numbered paragraphs. The answer admitted the allegations of paragraphs 1-3, 6, 8-11, 13-16, 18-20, denied the allegations of paragraphs 7, 12, 17, 21, 27, 29, 34-37, admitted some and denied some of the allegations of paragraphs 4, 5, 26, 28, 30-33. See Rule 8 (d) of tbe Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. One such conclusion was that there was “no genuine triable issue of material fact.”