ARNOLD v. UNITED STATES POSTAL SERVICE

Civ. A. Nos. 85-2571, 86-2291.

649 F.Supp. 676 (1986)

Clyde J. ARNOLD, Jr., et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant. Charles R. NETHERTON, et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, District of Columbia.

December 9, 1986.


Attorney(s) appearing for the Case

David R. Addis, Joseph E. Kolick, Jr. and Ellen M. Athas of Dickstein, Shapiro & Morin, Washington, D.C., for plaintiffs.

Stuart H. Newberger, Asst. U.S. Atty., and Anthony W. DuComb, U.S. Postal Service, Office of Labor Law, Washington, D.C., for defendant.


CHARLES R. RICHEY, District Judge.

I. INTRODUCTION

Pending before the Court are defendant's motion to dismiss or for summary judgment, plaintiffs' cross motion for summary judgment and defendant's motion to strike. After thoroughly considering the record in this case, the Court holds that defendant's motion to dismiss must be treated as a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and that defendant's motion...

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