North Dakota State University v. United States

MEMORANDUM AND ORDER

WEBB, Chief Judge.

I. Introduction

Before the court is defendant United States’ motion for summary judgment, (doc. # 22). Plaintiff North Dakota State University (NDSU) opposes the motion, (doc. #26), and advocates instead that summary judgment be granted in favor of itself since there are no material issues of fact to be tried. Although NDSU has not formally filed a cross-motion for summary judgment, the United States has not and does not object to the Court treating this as such. The parties have agreed that this matter should be decided in a summary fáshion, and the court…