United States v. Welborn

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, District Judge.

This case is before the Court for rulings on the parties’ cross-motions for summary judgment, Rule 56, Fed.R.Civ.P., and the plaintiff’s motion to dismiss the defendant’s counterclaim, Rule 12(b), Fed.R.Civ.P. For the reasons hereinafter stated, the plaintiff’s summary judgment motion will be granted, the defendant’s motion will be denied, and the counterclaim will be dismissed for lack of subject matter jurisdiction.

The facts are undisputed. In May 1960, the defendant, Ed Welborn, was convicted in a federal court of possessing an…