Owens v. Department of Justice

MEMORANDUM AND ORDER

SHARP, District Judge.

Summary judgment is a procedural devise for disposing of actions in which there is no genuine issue of any material fact even though such issue might have been raised by formal pleadings. Mintz v. Mathers Fund, Inc., 463 F.2d 495 (7th Cir. 1972). It is applicable if the pleadings and proof in form of depositions, affidavits and admissions on file disclose that no real *375cause of action exists. Peoples Outfitting Co., Inc. v. General Electric Credit Corp., Inc., 549 F.2d 42 (7th Cir. 1977), Kirk v. Home Indemnity Co., 431 F.2d 554 (7th Cir. 1970).

Plaintif…