Yokum v. United States

*604ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WHITE, Senior Judge.

Consideration has been given to the defendant’s “Motion To Dismiss,” filed August 28, 1985, to the plaintiffs’ response to the motion, filed October 29, 1985, to the defendant’s reply, filed November 29, 1985, and to a supplemental paper filed by the plaintiffs on December 27, 1985.

As both parties have submitted material of an evidentiary nature in support of their respective positions, it is necessary to consider the defendant’s motion as one for summary judgment. In this connection, it should be noted that, under RUSCC…