Benson v. United States

*367MEMORANDUM OPINION AND ORDER

DANIEL, District Judge.

I. INTRODUCTION

This matter comes before the Court as a result of the cross motions for summary judgment filed by the parties. The Court, having reviewed the motions for summary judgment, the responses and replies thereto, the entire file and the relevant case law, DENIES Plaintiffs motion for summary judgment and GRANTS Defendant’s motion for summary judgment for the reasons discussed below. As I informed counsel at the August 19, 1996 conference, I regret that controlling case and statutory precedent leave me with no alternative but to grant…