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McLARTY v. U.S.

Nos. 3-89 CIV 538, 3-89 CIV 539.

741 F.Supp. 751 (1990)

Scott McLARTY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Third Division.

July 3, 1990.

Attorney(s) appearing for the Case

Waller, Mark & Allen by Gregg A. Greenstein, Denver, Colo., for plaintiff.

U.S. Dept. of Justice by Stuart D. Gibson, Washington, D.C., for defendant.

ORDER

ALSOP, Chief Judge.

The above entitled matter came before the court on June 22, 1990, on defendant's motion for summary judgment pursuant to Fed.R.Civ.P. 56(b).

I. STANDARD OF REVIEW

The Supreme Court held that summary judgment is to be used as a tool to isolate and dispose of claims or defenses which are either factually unsupported or which are based on undisputed facts. Celotex Corp. v. Catrett, 477 U.S. 317...

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