Why is Vs2010 saying this section of code will always return true?

Literal myLit = new Literal();
myLit = EditTrial.FindControl("litHeader") as Literal;

myLit.Text = Request.RawUrl.Contains("trial/edit") && myLit != null ? "EDIT A TRIAL" : "CREATE A TRIAL"; The bit where i have && myLit != null - VS2010 is saying that will always return true.
I thought if the litHeader control was not found, myLit is set to null?
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