Welcher v. United States

DELEHANT, District Judge.

The court has considered a consolidated motion made by the defendant (a) primarily for dismissal of the action, and (b) alternatively for summary judgment. In support of its former branch, the motion asserts that the complaint does not state a claim upon which relief can be granted. For its alternative request, the defendant urges that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law. The motion for summary judgment is accompanied, *237if not supported, by an affidavit to which reference will later be made. The…