William A.x. Smith, Appellant, v. Louis W. Sullivan, M.d., Secretary, Department of Hhs, 946 F.2d 1566 (D.C. Cir. 1991)

Upon consideration of appellee's motion for summary affirmance and appellant's cross-motion for summary reversal, it is

ORDERED that the motion for summary reversal be denied. It is

FURTHER ORDERED that the motion for summary affirmance be granted for the reasons well stated by the district court in its memorandum decision and order filed March 29, 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 U.S. 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.