Maher v. Mathews

OPINION

LATCHUM, Chief Judge.

This case is now before the Court for possible disposition under three separate motions: (1) plaintiff’s motion for summary judgment pursuant to Rule 56, F.R.Civ.P.; 1 (2) defendant’s motion to dismiss pursuant to Rule 12(b)(1), F.R.Civ.P.; 2 and (3) defendant’s motion for summary judgment. 3 These motions were filed following a decision issued on June 12, 1975 in which the Court declined to grant preliminary relief to the plaintiff and in which it ten tatively certified this action as a class action. 4 5 Having heard oral argument and considered the briefs…