OPINION
NIMS, Judge:
This case is before us on petitioners' motion for summary judgment or, in the alternative, suppression of evidence. The issues for decision are: (1) Whether the alleged loss of the Department of Justice's files relating to petitioner W. Kenneth Riland in 1973 constitutes a violation of petitioners' due process rights; (2) whether respondent has engaged in unconstitutional delay in issuing his statutory notice of
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