CLARY, District Judge.
The matter is now before the Court on plaintiff's and defendant's cross motions for summary judgment. Originally scheduled for hearing in this action was a motion of the defendant to dismiss under Rule 12 or, in the alternative, motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
After argument on the original motion, counsel for the defendant, the United States Attorney, requested permission...
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