concurring and dissenting:
On appeal, Justice Larsen argues that the trial court erred by reading the record to favor the moving party and applying the incorrect standard to judge his burden as to the defamation claim. As to the invasion of privacy claim, Justice Larsen argues that the trial court granted summary judgment in violation of the Nanty-Glo rule. After a *560careful review of the record and the arguments of the parties, I concur in the result reached by my colleagues on Count III, but offer a differing rationale for so doing. I respectfully disagree with the majority’s disposition of Count IV and submit this dissenting opinion in support thereof.
The relevant facts of this case may be summarized as follows. Surrick was a member of the Judicial Inquiry and Review Board (JIRB) while there was an investigation of Justice Larsen. Surrick, through his attorney James Eise-man, Jr., filed a petition entitled, “In re proceedings of the Judicial Inquiry and Review Board concerning ‘XYZ’ a certain member of the Judiciary,” with the Pennsylvania Supreme Court. The petition was filed regarding the investigation of Justice Larsen. The PN/PG defendants published articles regarding the disposition of that petition which are allegedly defamatory of Justice Larsen as the articles state that Justice Larsen breached the canons of judicial ethics by participating in the decision of a case in which he was personally involved.
Justice Larsen presented an affidavit of Patrick Tassos, a former deputy prothonotary of the Pennsylvania Supreme Court, which averred that Surrick was in the prothonotary’s office with Daniel Biddle, an employee of the PN defendants, when the “XYZ” petition was filed. Surrick presented the affidavit of attorney Eiseman averring that he, rather than Surrick, filed the “XYZ” petition and the docket entries confirming that fact. Eiseman’s affidavit further averred that neither Surrick nor Biddle was present when the “XYZ” petition was filed. Surrick also presented his own affidavit and the answers to interrogatories of the PN/PG defendants which stated that Surrick had not delivered a copy of the transcripts of the JIRB proceedings to the PN/PG defendants.
It is undisputed that the PN/PG defendants published articles containing excerpts from the confidential JIRB transcripts. The PN/PG defendants’ answers to interroga*561tories averred that Surrick was not involved in the editorial decision to publish the transcript excerpts.
Initially, our standard of review in these cases should be noted. Summary judgment is only proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Pa.R.Civ.P. 1035(b), 42 Pa.C.S.A. The movant bears the burden of proving the absence of a genuine, material factual dispute. Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 202-206, 412 A.2d 466, 468-469 (1979). An appellate court must examine the record in the light most favorable to the non-moving party, who is entitled to the benefit of all reasonable inferences. Marks v. Tasman, 527 Pa. 132, 135, 589 A.2d 205, 206 (1991). See also, Pennsylvania Gas & Water Co. v. Nenna & Frain, Inc., 320 Pa.Super. 291, 297-298, 467 A.2d 330, 333 (1983) (citing, Thompson Coal, supra). It is not the trial court’s function to decide factual issues; the inquiry is restricted to a determination of the existence of a material factual dispute. Washington Federal Savings & Loan Assoc. v. Stein, 357 Pa.Super. 286, 288-290, 515 A.2d 980, 981 (1986); Wilk v. Haus, 313 Pa.Super. 479, 482, 460 A.2d 288, 290 (1983); Schacter v. Albert, 212 Pa.Super. 58, 61-62, 239 A.2d 841, 843 (1968). All doubts as to the existence of a material factual issue must be resolved against the movant, as summary judgment is only proper in the clearest of cases. Thompson Coal, supra.
A motion for summary judgment will not be granted on the basis of the affidavit of the moving party. Borough of Nanty-Glo v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932). Thus, summary judgment may not be used as a device to defeat the jury’s function of determining the credibility of witnesses. The Nanty-Glo rule likewise precludes reliance on affidavits and depositions of witnesses offered by the moving party. Peluso v. Walter, 334 Pa.Super. 609, 612-613, 483 A.2d 905, 907 (1984) (quoting, Curran v. Philadelphia Newspapers, Inc., 497 Pa. 163, 183, 439 A.2d 652, 662 (1981)). A motion for summary judgment may properly be supported by admissions contained in the *562depositions or affidavits of the opposing party or the opposing party’s witnesses. Garcia v. Savage, 402 Pa.Super. 324, 330 n. 3, 586 A.2d 1375, 1378 n. 3 (1991) (citing, Rivoli Theatre Co. v. Allison, 396 Pa. 343, 152 A.2d 449 (1959)).
The substance of Justice Larsen’s defamation claim is that Surrick acted in concert with the PN/PG defendants in the publication of the articles regarding the “XYZ” petition. The parties dispute whether this allegation is a claim that Surrick and the PN/PG defendants engaged in a civil conspiracy to defame Justice Larsen. There is conflicting authority as to whether a claim that two or more parties acted in concert necessarily implies a civil conspiracy. Pros-ser and Keeton treat concerted action as a joint enterprise to achieve a common purpose, thus constituting a civil conspiracy. See, PROSSER AND KEETON ON TORTS, 5th Ed., § 47, at 322-324. Black’s Law Dictionary agrees that the two phrases are interchangeable. The definition of civil conspiracy employs the phrase “acting in concert,” while the definition of concerted action lists conspiracy as a synonym. See, BLACK’S LAW DICTIONARY, 5TH Ed., at 223, 262. The Restatement (Second) Torts outlines three distinct forms of vicarious liability for acting in concert with another as follows:
For harm resulting to a third person from the tortious conduct of another, one is subject to liability if he
(a) does a tortious act in concert with the other or pursuant to a common design with him, or
(b) knows that the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other to so conduct himself, or
(c) gives substantial assistance to the other in accomplishing a tortious result and his own conduct, separately considered, constitutes a breach of duty to the third person.
RESTATEMENT (SECOND) TORTS, § 876. The comments to subsection (a) cite the early common law theory that where two or more persons each commit tortious acts in concert with the other, a mutual agency exists; however, *563for this theory to apply, it is essential that each actor’s conduct be in itself tortious. Id., Comments a, c. When a tortious act is done pursuant to a common design, the theory is civil conspiracy. Id., Comment (b).
Justice Larsen’s complaint clearly alleges concerted action as well as mutual agency. Consistently, Justice Larsen has argued that he has alleged a case of mutual agency and is not necessarily required to establish a civil conspiracy. Thus, the two causes of action will be considered under both theories.
A final note as to the civil conspiracy theory is required. Pennsylvania law is clear that to establish a civil conspiracy, there must be proof that two or more persons agreed to perform an unlawful act, or to perform an otherwise lawful act by unlawful means. Slaybaugh v. Newman, 330 Pa.Super. 216, 219-221, 479 A.2d 517, 519 (1984). Each conspirator must be possessed of the intent to do the unlawful act and be aware of such intent by his purported co-conspirators. Fife v. Great Atlantic & Pacific Tea Co., 356 Pa. 265, 266, 52 A.2d 24, 27 (1947). Conspiracy must be proven by full, clear, and convincing evidence; if the plaintiff relies upon subsequent acts to establish conspiracy, those acts must indicate prior collusion and unlawful purpose. Burkholder v. Westmoreland County Institutional District, 362 Pa. 645, 649, 68 A.2d 436, 438 (1949).1 The sufficiency of the evidence to establish a civil conspiracy is first to be determined by the court. Fife, 356 Pa. at 266, 52 A.2d at 27. Where a plaintiff fails to establish an issue of material fact as to the necessary elements of a civil conspiracy, *564summary judgment may be properly entered. Thompson Coal, 488 Pa. at 212, 412 A.2d at 473.
Reading the record to favor Justice Larsen, the following facts were presented to the trial court. Surrick was a member of the JIRB. Surrick and Biddle were present in the prothonotary’s office when the “XYZ” petition relating to the JIRB investigation of Justice Larsen was filed. Subsequent to the disposition of the “XYZ” petition, Biddle and his employer, the PN defendants, published articles regarding the petition which are alleged to have defamed Justice Larsen. From these facts, Justice Larsen argues that a jury could infer that Surrick acted in concert with the PN/PG defendants to defame him via the articles or that Surrick and PN/PG defendants were mutual agents liable for the acts of each other. I disagree.
As to the civil conspiracy theory, Justice Larsen relies heavily upon Adickes v. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), in arguing that the presence of Surrick with Biddle in the prothonotary’s office is sufficient to create a material factual issue as to the existence of a civil conspiracy. Adickes is distinguishable.2 The United States Supreme Court stated: “[i]f a policeman were present [in the Kress & Co. store with the employees who refused the petitioner service], we think it would be open to a jury, in light of the sequence that followed, to infer from the circumstances that the policeman and a Kress employee had a ‘meeting of the minds’ and thus reached an under*565standing that petitioner should be refused service.” Id., 398 U.S. at 158, 90 S.Ct. at 1609. Additional circumstances beyond the possibility that a police officer was in the store were also present in the Adickes case. The manager of the store admitted that he had a prearranged tacit signal with the food counter supervisor to ensure that the plaintiff would be refused service. Id. at 153-154, 90 S.Ct. at 1606-1607. Thus, the unlawful intent on the part of those sought to be charged with liability was already established by an admission. Further, the unlawful acts, refusal of service and groundless arrest for vagrancy, occurred immediately after this possible agreement. Id. at 149, 90 S.Ct. at 1604.
By comparison, the inference which Justice Larsen urges here is much more attenuated. There is no admission by Surrick or the PN/PG defendants of unlawful intent. The allegedly defamatory articles were not published until after the “XYZ” petition had been ruled upon by our Supreme Court. It is not reasonable to infer from the presence of Surrick in the prothonotary’s office with Biddle3 that Sur-rick intended at that time to defame Justice Larsen.
As noted above, proof of conspiracy by subsequent acts must show prior collusion and unlawful intent. Justice Larsen has presented no evidence of any meeting between Surrick and the PN/PG defendants following the disposition of the petition. Prior to that disposition, Surrick could not have known that Justice Larsen would participate in hearing the request. Thus, to support the claim made here, we must infer that the “XYZ” petition was filed with the intent and knowledge that Justice Larsen would participate in ruling on it so that the defamatory articles could be published. Unlike Adickes, here we are not presented with a meeting between purported co-conspirators, one of whom has admitted his unlawful purpose, immediately followed by the commission of unlawful acts. Thus, Adickes, while *566somewhat supportive of Justice Larsen’s position, is not truly on point.
In Pennsylvania, the evidence to establish a civil conspiracy must be full, clear and satisfactory. Fife, 356 Pa. at 267-269, 52 A.2d at 39. Evidence which merely creates the suspicion of concerted action is insufficient. Id. at 266, 52 A.2d at 27. We recognize that at this point in the proceedings all Justice Larsen must do is raise a factual issue that sufficient proof exists, as this is all that is necessary to survive a motion for summary judgment. Nevertheless, all that has been shown is the possible existence of Surrick’s presence in the prothonotary’s office with Biddle before either could be aware that Justice Larsen would participate in the decision on the “XYZ” petition and thus provide the basis for the allegedly defamatory articles. Allegations of conspiracy are easily made; absent proof of facts to substantiate the illicit agreement, summary judgment may properly be entered. Thompson Coal, 488 Pa. at 212, 412 A.2d at 473.
The mutual agency theory likewise cannot survive the motion for summary judgment. The only act Surrick is alleged to have performed is the filing of the petition while accompanied by Biddle. The filing of the “XYZ” petition is not a tortious act in and of itself, neither is being accompanied by an alleged tortfeasor. As discussed above, a tor-tious act by each actor is the sine qua non of the mutual agency theory, its absence is fatal.
Nor can Justice Larsen rely upon § 876(b) or (c) to salvage the defamation cause of action. As noted above, Surrick’s alleged accompaniment of Biddle occurred before it was possible to know that Justice Larsen would participate in deciding the “XYZ” petition and, thus, before the event which gave rise to the allegedly defamatory articles occurred. Therefore, Surrick’s activities cannot be construed as substantial assistance or encouragement to the PN/PG defendants, given with the knowledge that the PN/PG defendants’ would engage in conduct constituting a breach of duty. Thus, no liability attaches under § 876(b). *567Neither Surrick’s accompaniment of Biddle nor the filing of the “XYZ” petition constitute a breach of any duty to Justice Larsen. Therefore, liability does not lie under § 876(c).
Justice Larsen emphasizes the fact that the trial court relied upon the answers to interrogatories of the PN/PG defendants averring that Surrick never participated in the editorial decision-making process. Thus, Justice Larsen claims that the Nanty-Glo rule, as stated in Peluso and Garcia, has been violated. This may be so. Nonetheless, we have found fatal deficiencies in all theories supporting the defamation cause of action based upon the allegations of the complaint and the Tassos affidavit submitted by Justice Larsen. Thus, I agree that the grant of summary judgment is correct as to the defamation count of the complaint. See, Gwinn v. Kane, 465 Pa. 269, 279 n. 12, 348 A.2d 900, 905 n. 12 (1975) (reviewing court may affirm a correct ruling based upon an alternate legal theory from that employed by the trial court).
Summary judgment as to the invasion of privacy (false light) cause of action presents a different question.4 Sur-rick argues that this count also involves a claim that he acted in concert with the PN/PG defendants. He further argues that since the trial court found this allegation defective on the defamation count, our affirmation of that decision would dictate that the invasion of privacy (false light) count must likewise fail. I disagree.
Count V of the complaint, which contains the invasion of privacy (false light) cause of action, does not explicitly allege that Surrick converted the JIRB transcript and delivered it to the PN/PG defendants. The conversion and delivery transcript is contained in Count IV which is not *568incorporated by reference into Count V.5 Count V does allege that Surrick possessed a copy of the transcript while not acting in his official capacity as a JIRB member and while acting in concert with, or as a mutual agent of, the PN/PG defendants. See, Fourth Amended Complaint, Paras. 128 (incorporating Para. 12), 137. It also alleges that the PN/PG defendants possess a copy of the transcript. Id. Finally, the count alleges with particularity the JIRB confidentiality requirements set forth in the Pennsylvania Constitution, Judicial Code, and JIRB Rules. Id., Paras. 131-133.
In examining whether Count V alleges sufficient, different facts to prove concerted action by, or mutual agency of, Surrick and the PN/PG defendants, it is noted that pleadings are to be liberally construed. Vernon D. Cox Co., Inc. v. Giles, 267 Pa.Super. 411, 414 n. 3, 406 A.2d 1107, 1109 n. 3 (1979). The pleadings of Count V may reasonably be construed to allege conversion of the transcript by Surrick and delivery of the same to the PN/PG defendants. Making this determination does not decide this case. Rather, plaintiff is merely advanced an opportunity to prove his case. Based on the pleadings, I would hold that Justice Larsen is entitled to his day in court. Should plaintiff not succeed on his day in court, the trial judge is fully capable of granting a compulsory non-suit or a directed verdict at the appropriate juncture.
Moreover, under the doctrine of law of the case, we would be precluded from examining the sufficiency of the allegations of Count V. The previous en banc decision of this Court in the case sub judice specifically approved the invasion of privacy (false light) cause of action as pled. Larsen I, 375 Pa.Super. at 84-86, 543 A.2d at 1190. Thus, this issue decided by an appellate court in a prior appeal *569between the same parties is the law of the case and shall not be re-examined on a second appeal. Commonwealth v. Tick, 431 Pa. 420, 425-427, 246 A.2d 424, 427 (1968); Daniels v. State Farm Mutual Automobile Insurance Co., 305 Pa.Super. 352, 355-357, 451 A.2d 684, 686 (1982) (citations omitted). This Court, however, recognizes the complexity of the grant of summary judgment in this case. The adequacy of the pleadings of Count Y should therefore be examined.
That Count V does not duplicate former Count IV is not fatal to plaintiffs case for false light. “While not a model of clarity, in our opinion, the complaint is sufficiently specific. From the complaint, each defendant knows the nature of the improprieties with which he is charged.” Local No. 163, International Union of Brewery, Flour, Cereal, Soft Drink and Distillery Workers of America v. Watkins, 417 Pa. 120, 125-126, 207 A.2d 776, 779 (1965) (examining complaint alleging tortious cause of action based on concerted action by co-defendants).
The pleadings of Count Y include the allegation (at Para. 12, Fourth Amended Complaint) that defendant Surrick acted outside his official responsibility as a JIRB member, and in concert with the PN/PG defendants. The pleadings also contain the accurate factual assertion that JIRB proceedings are strictly confidential under the JIRB Procedural Rules (Para. 133); that JIRB never made public the record of plaintiffs proceedings (Para. 135); and that defendant newspapers have both published and publicly announced that they possess a complete copy of the JIRB transcript (Para. 136). Count V also contains allegations (Paras. 140-158) that the defendants, acting in concert, caused confidential information related to the proceedings and directly excerpted from the proceedings to be published in the Post-Gazette and Philadelphia Inquirer. In addition, Count V contains para. 195, under the heading “Accusation of Unethical Conduct”, which states that “At all times relevant hereto the Defendants, and each of them, have acted *570individually, as agents of each other and in concert with one another.” (Emphasis added.)
In Plaintiffs Brief in Reply to Preliminary Objections of Robert Surrick, dated January 19, 1984, plaintiff states specifically that:
A. All of the Defendants Published or Caused to be Published the Matters of Which Plaintiff Complains. Plaintiffs Complaint alleges throughout that all of the Defendants have acted either individually or in concert with one another. (Specifically see Complaint paragraph 95). It is Plaintiffs position that all of the Defendants contributed in some way to the publication of each of the articles. While one person may be named as author, each of the other Defendants were involved in some capacity.
These statements by plaintiff show that plaintiff considered Surrick a part of the whole transaction which resulted in the publication of the JIRB transcripts. Plaintiffs position is supported by the pleadings.
The pleadings of Count V could be construed to include allegations that Surrick converted the JIRB transcript and delivered it to the PN/PG defendants. The allegations of Count V provide a basis to determine whether Surrick was acting in concert with, or as a mutual agent of, the PN/PG defendants different from the facts alleged to support concerted action and mutual agency in the defamation count. Granting summary judgment on the defamation cause of action, because it lacked a factual averment of concerted action, is not dispositive of the propriety of summary judgment as to the invasion of privacy (false light) claim.
I would hold that Count V could establish liability on Surrick under four possible theories of vicarious liability. First, under Restatement (Second) Torts § 876(a), Surrick’s delivery of the transcript, if it occurred, could be construed as a conversion and, thus, tortious, in and of itself {see, RESTATEMENT (SECOND) TORTS §§ 228, 233, 242), giving rise to liability under the mutual agency theory. Second, the delivery of the transcript and the filing of the *571“XYZ” petition, if construed together as an ongoing course of conduct, could establish a plan or common purpose to publicize the contents of the JIRB proceedings under a civil conspiracy theory.6
Third, the alleged act of converting the JIRB transcript and making it available to the PN/PG defendants7 could also be construed as substantial assistance in accomplishing a tortious result. Clearly, without the transcript, the PN/PG defendants could not publish excerpts of it. Unlike Surrick’s presence with Biddle in the prothonotary’s office at the time of filing the “XYZ” petition, it is possible to conclude that the PN/PG defendants had knowledge that Surrick was breaching a duty at the time this alleged assistance occurred. Thus, liability may attach under Restatement (Second) Torts § 876(b), if it can be proven at trial that Surrick had knowledge of the PN/PG defendants’ tortious motives.
Finally, the confidentiality of the JIRB transcripts is protected by the Pennsylvania Constitution, statute, and the JIRB rules of procedure. See, PA CONSTITUTION, ARTICLE V, SECTION 18(h); 42 Pa.C.S.A. § 3334; JIRB Rules of Procedure, Rule 20. The confidentiality mandated by these principles of law could be construed to run to the benefit of a party under investigation by the JIRB. Thus Surrick, as a member of the JIRB, could be held to have violated a duty to Justice Larsen, thereby rendering substantial assistance to the PN/PG defendants as discussed above, and giving rise to liability under Restatement (Second) Torts § 876(c).
The previous en banc decision of this Court in the case sub judice held that a private cause of action for breach of these confidentiality requirements would not lie against third parties who were not participants in the JIRB proceed-*572tags. Larsen I, 375 Pa.Super. at 72-78, 543 A.2d at 1184-1186. This Court relied extensively upon Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 98 S.Ct. 1535, 56 L.Ed.2d 1 (1978), in rendering that decision and was careful to note that it presumed that the appellees were third party/non-participants. Larsen I, 375 Pa.Super. at 74 n. 6, 543 A.2d at 1185 n. 6. In point of fact, the Landmark Court expressly stated that they were not faced with a challenge to the power of the state to punish a participant, such as JIRB member Surrick, for breach of confidentiality requirements. Landmark, 435 U.S. at 838 and n. 9 & 10, 98 S.Ct. at 1541 and n. 9 & 10. This is consistent with the recognized power of courts to impose gag rules on participants in criminal proceedings to protect the rights of the accused. See, Sheppard v. Maxwell, 384 U.S. 333, 361, 86 S.Ct. 1507, 1521, 16 L.Ed.2d 600 (1966); Philadelphia Newspapers, Inc. v. Jerome, 478 Pa. 484, 503, n. 20, 387 A.2d 425, 434, n. 20 (1980) (citation omitted). Thus, the prohibition of a private cause of action against third party/nonparticipants, announced in Larsen I, does not prohibit the imposition of liability upon Surrick, a JIRB participant, pursuant to the principles contained in Restatement (Second) Torts § 876(c). Imposition of liability, of course, is dependent upon sufficient proof at trial that Surrick in fact breached the confidentiality provisions at issue. This could create liability in Surrick based upon a breach of confidentiality, even where an action against the PN/PG defendants would not lie for an identical breach of confidentiality. The law, however, permits the imposition of liability on one tortfeasor where his co-tortfeasor has a privilege or immunity from liability. Restatement (Second) Torts, § 880. Furthermore, the varying theories supporting the invasion of privacy (false light) count are not precluded by the averment that Surrick did not participate in the editorial decisions on which portions of the transcript to publish. Surrick could be liable for the articles published by the PN/PG defendants if those articles cast Justice Larsen in a false light even though he did not participate in the editorial publishing decision.
*573To support his motion for summary judgment on Count V, Surrick offered his own affidavit and the PN/PG defendants’ answers to interrogatories which averred that Sur-rick had neither converted the JIRB transcript, nor delivered it to the PN/PG defendants. The trial court correctly did not rely upon Surrick’s affidavit, as this would have violated the Nanty-Glo rule. Rather, the trial court accepted the uncontradicted answers to interrogatories of the PN/PG defendants which averred that Surrick in no way participated in the editorial decision as to which portion of the JIRB transcript to publish, and granted summary judgment. (Trial court opinion at 16.)
The Nanty-Glo rule applies equally to the affidavits and depositions presented by the moving party’s witnesses as well as those offered by the moving party himself. Peluso v. Walter, 334 Pa.Super. 609, 612-613, 483 A.2d 905, 907 (1984); Garcia v. Savage, 402 Pa.Super. 324, 586 A.2d 1375, 1379 (1991). The answers to interrogatories relied upon were submitted by Surrick’s co-defendants in this case. While to some extent these parties might have interests adverse to Surrick, to a large extent all defendants in this case have convergent interests in contesting the claims of plaintiff. Thus, to rely upon the answers to interrogatories offered by his co-parties to grant the moving party’s motion for summary judgment clearly violated the Nanty-Glo rule as stated in Peluso, because Surrick’s co-defendants were his witnesses. Even though Peluso involved a case where the trial court considered depositions and testimonial affidavits in resolving a material issue of fact so as to grant summary judgment, there is sufficient support in Pennsylvania law to construe interrogatories as similarly testimonial in nature under Nanty-Glo. The Pennsylvania Rules of Civil Procedure provide that:
Interrogatories may relate to any matters which can be inquired into under Rules 4003.1 through 4003.58 inclusive and the answers may be used to the same extent as *574provided in Rule ⅛0209 for the use of the deposition of a party.
Pa.R.C.P. 4005(c), Written Interrogatories To a Party (emphasis added). At trial, depositions may introduced as evidence:
At the trial, any part or all of a deposition, so far as admissible under the rule of evidence, may be used against any party who was present or represented at the taking of the deposition or who had notice thereof if required, in accordance with any one of the following provisions....
Pa.R.C.P. 4020(a), Use of Depositions At Trial. We have never confronted this specific issue; however, the question of admissibility of written answers to interrogatories with reference to Pa.R.C.P. 4020 and general evidentiary principles has been addressed by another court. Draper v. Vetter, 38 Pa. D & C.3d 652 (1983). In Draper, the court held that the answers were admissible as evidence.
This Court has addressed the relationship between Pa. R.C.P. 4020 and deposition testimony. We have held that “the test of admissibility of a deposition under Rule 4020(a)(2) is the same as that for admissibility of like testimony offered by a witness on the stand in open court.” Jistarri v. Nappi, 378 Pa.Super. 583, 594-596, 549 A.2d 210, 216 (1988) (citation omitted). When the provisions of Rule 4020 have been satisfied, there is no discretion in admitting deposition testimony. “The court must admit the deposition when it finds that the requirements of the rule have been met.” Kuntz v. Firth, 216 Pa.Super. 155, 158, 264 A.2d 432, 433 (1970). See also Williamson v. Philadelphia Transportation Company, 244 Pa.Super. 492, 496-498, 368 A.2d 1292, 1295 (1976). Thus, because deposition testimony must be admitted when the requirements of Rule 4020 have been met, and Rule 4005 provides that answers to interrogatories may be used to the same extent, I would conclude that such answers are also testimonial in nature under Nanty-Glo. To have relied on defendants’ answers to *575interrogatories in the present case to grant summary judgment was error. Even if the PN/PG defendants are characterized as disinterested witnesses, their answers to interrogatories could not be used to support Surrick’s summary judgment motion. Garcia, 402 Pa.Super. at 333-335, 586 A.2d at 1380. Even though uncontradicted, Justice Larsen is entitled to have a jury determine the credibility of the assertions of both the PN/PG defendants and Surrick.
Moreover, even accepting the answers to the interrogatories as true to the extent they claim that Surrick had no part in the editorial decision on publishing portions of the JIRB transcript, it does not follow that Surrick cannot be liable for false light invasion of privacy under Restatement (Second) Torts, § 652E. As noted above, the complaint alleges that Surrick acted in concert with, or as a mutual agent of, the PN/PG defendants by converting the JIRB transcript and making it available to them. The affidavit of Surrick and the PN/PG defendants’ answers to interrogatories are insufficient to rebut this allegation under the Nanty-Glo rule. If Justice Larsen can prove this allegation, Surrick could be vicariously liable under the theories outlined in the Restatement (Second) Torts § 876, cited above, if the articles published by the PN/PG defendants did in fact cast Justice Larsen in a false light. Thus, the grant of summary judgment on the invasion of privacy count was improper and should be vacated.
I would affirm the order granting summary judgment as to Count III alleging defamation, and vacate the summary judgment on Count V alleging invasion of privacy.
. Justice Larsen argues that the trial court erroneously applied the law of criminal conspiracy to this case. See, appellant’s brief at 14-15. It is true that the trial court cited Commonwealth v. Gordon, 329 Pa.Super. 42, 477 A.2d 1342 (1984), for the proposition that mere presence at the scene of the crime is insufficient to establish a criminal conspiracy. (Trial court opinion at 11.) Nonetheless, the trial court carefully analyzed the applicable principles of law relative to civil conspiracy; furthermore, the full, clear and satisfactory evi-dentiary standard which Justice Larsen complains of is clearly applicable to civil conspiracy cases. See, Fife, supra, 356 Pa. at 266, 52 A.2d at 27. Thus, the argument has no merit.
. The trial court distinguished Adickes by recognizing that the reversal of summary judgment which occurred in that case was based upon the failure of the defendant to introduce affidavits which refuted the inference creating the factual issue. (Trial court opinion at 12.) As affidavits were present here, the Adickes holding does not apply. Further, the summary judgment procedure used in the federal courts is not precisely the same as that employed in the courts of our Commonwealth. Under Pennsylvania law, consideration of any affidavit offered by Surrick’s witnesses would be improper. It is true that the Eiseman affidavit indicates that Surrick and Biddle were not present when the “XYZ" petition was filed. Were we to give credence to this affidavit, we would not only violate the Nanty-Glo rule by determining it to be more credible than the Tassos affidavit, but we would read the record to favor the moving rather than non-moving party. This we will not do.
. We do not decide that this in fact occurred. We only accept Justice Larsen’s representations of the facts, as it is our obligation to read the record in his favor.
. In a previous opinion arising out of the case sub judice, this Court held that a cause of action for false light invasion of privacy could be maintained on the pleadings contained in the complaint. Larsen v. Philadelphia Newspapers, Inc., 375 Pa.Super. 66, 80-86, 543 A.2d 1181, 1188-1190 (en banc) alloc. denied, 520 Pa. 597, 552 A.2d 251, 252, and in 520 Pa. 606, 553 A.2d 968 (1988), cert. denied, 489 U.S. 1096, 109 S.Ct. 1568, 103 L.Ed.2d 935 (1989). [Hereinafter, Larsen I. ]
. This allegation of concerted action by Surrick and Biddle in converting the JIRB transcript is also neither present in, nor incorporated by reference into, the allegations regarding defamation. See, fourth amended complaint, count III, pars. 31-62. Thus, it could not be used to support the defamation cause of action and was properly not considered by the trial court for that purpose.
. The filing of the "XYZ” petition is alleged in Count V. See, Fourth Amended Complaint, Para. 176.
. Again, we caution that we are not determining that this in fact occurred. We only read the record to favor Justice Larsen on this appeal.
. Rules 4003.1 through 4003.5 deal with the general scope of discovery.
. Rule 4020 contains provisions on the use of depositions at trial.