Floyd J. Stanek, Appellant, v. Ray A. Barnhart, 946 F.2d 1566 (D.C. Cir. 1991)

Upon consideration of appellant's motion for summary reversal, the motion for leave to file opposition thereto, the opposition to the motion for leave, appellee's motion for summary affirmance, and the response thereto, it is

ORDERED that appellee's motion for summary affirmance be granted, substantially for the reasons stated by the district court in its order filed December 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 U.S. 994 (1980). It is

FURTHER ORDERED that appellant's motion for summary reversal be denied. It is

FURTHER ORDERED that appellee's motion for leave to file opposition to the motion for summary reversal be dismissed as moot.

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.