Unpublished Dispositionbahram P. Tabar Aka Ben Tabar, Appellant, v. William Von Raab, Commissioner of Customs, et al, 923 F.2d 201 (D.C. Cir. 1990)

Upon consideration of appellees' motion for summary affirmance, the opposition thereto and the reply, it is

ORDERED that the motion for summary affirmance be granted substantially for the reasons stated by the district court in its memorandum opinion filed January 3, 1990. Appellant has failed to allege facts in his complaint which constitute duress. The claims set forth in the complaint are barred by the Settlement Agreement reached by these same parties in Tabar v. Von Rabb, et al. Civil Action 87-3081 (D.D.C. January 3, 1990). The merits of the parties' positions are so clear as to justify summary action. See Taxpayers' Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 F.2d 994 (1980).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.