James Edward Evanson, Appellant, v. United States of America, et al, 84 F.3d 1452 (D.C. Cir. 1995)

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U.S. Court of Appeals for the District of Columbia Circuit - 84 F.3d 1452 (D.C. Cir. 1995) Dec. 18, 1995

Before: SILBERMAN, SENTELLE, and RANDOLPH, Circuit Judges.



Upon consideration of the motion for summary affirmance and the motion for summary reversal, it is

ORDERED that the motion for summary reversal be denied and that the motion for summary affirmance be granted substantially for the reasons stated by the district court in its memorandum opinion filed February 22, 1995. 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.