William R. Adrain, Appellant, v. Richard Riley, Secretary, Department of Education, 28 F.3d 1295 (D.C. Cir. 1994)

Upon consideration of the motion for partial summary affirmance, the opposition thereto, the reply, the supplemental opposition, and the motion to govern further proceedings, it is

ORDERED that the motion for summary affirmance be granted substantially for the reasons stated by the district court in its findings of fact and conclusions of law filed May 13, 1992. The court properly applied the law, and its findings of fact are not clearly erroneous. The merits of the parties' positions are so clear as to warrant 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 41.