UNITED STATES v. SMITH

No. C 80-28.

497 F.Supp. 459 (1980)

UNITED STATES of America, Plaintiff, v. James Lee SMITH, Defendant.

United States District Court, N. D. Iowa, Cedar Rapids Division.

September 16, 1980.


Attorney(s) appearing for the Case

Judith A. Whetstine, Asst. U. S. Atty., Cedar Rapids, Iowa, for plaintiff.

Paul Greenfield, New York City, for defendant.


McMANUS, Chief Judge.

This matter is before the court on defendant's motion to dismiss for failure to state a claim or, alternatively, for summary judgment, filed May 2, 1980, and plaintiff's resistances thereto filed May 12 and 13, 1980, the latter of which incorporates plaintiff's cross-motion for summary judgment. Defendant's motion for summary judgment granted.

This action is an action for declaratory judgment involving a sum of money in plaintiff's possession...

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