MULLER v. U.S.

No. 3-92 CIV 492.

830 F.Supp. 1259 (1993)

John A. MULLER, Personal Representative of the Estate of A. Eugene Muller, a/k/a Albrecht Eugene Muller, Plaintiff, v. UNITED STATES of America, Defendant.

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

May 13, 1993.


Attorney(s) appearing for the Case

Meier, Kennedy & Quinn by John C. Gunderson, St. Paul, MN, for plaintiff.

Thomas B. Heffelfinger, U.S. Atty. by John A. Marrella, U.S. Dept. of Justice, Tax Div., Washington DC, for defendant.


ORDER

ALSOP, Senior District Judge.

The above-entitled matter came before the Court on Friday, April 30, 1993, on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated herein, the Court will grant plaintiff's motion.

STANDARD FOR SUMMARY JUDGMENT

The Supreme Court has held that summary judgment is to be used as a tool to isolate and dispose of claims or defenses...

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