Appleton v. United States

MEMORANDUM OPINION

URBINA, District Judge.

Denying the Plaintiffs Renewed Motion for Summary Judgment on Count 2; Denying the Defendant’s Renewed Motion for Summary Judgment on Count 2

I. INTRODUCTION

This matter is before the court upon cross-motions for summary judgment on the sole remaining count of the complaint, count 2. The plaintiff, John M. Appleton, - filed a three-count complaint alleging negligence and arbitrary and capricious exercise of power by the U.S. Treasury Department’s Bureau of Alcohol Tobacco and Firearms (“ATF”) and the U.S. State Department (collectively, “the Government”).