SIMPKINS v. SHALALA

No. Civ.A.95-1095 (RCL).

999 F.Supp. 106 (1998)

Cuthbert O. SIMPKINS, M.D., Plaintiff, v. Donna E. SHALALA, Secretary of Health & Human Services, et al., Defendants.

United States District Court, District of Columbia.

March 31, 1998.


Attorney(s) appearing for the Case

Coburn & Schertler, Washington, DC, for plaintiff.

Daniel F. Van Horn, Assistant United States Attorney, Washington, DC, Sandra Pressman, Office of the General Counsel, U.S. Department of Health & Human Services, Washington, DC, for defendants.


MEMORANDUM OPINION

LAMBERTH, District Judge.

This matter comes before the court on the defendants' motion to dismiss or, in the alternative, for summary judgment, and the plaintiff's cross-motion for summary judgment.

Summary judgment is appropriate when there is "no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(c). This case is proper for summary judgment as it...

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