Nelle Cloyd v. Elliot Richardson, Secretary of Health, Education and Welfare

This case is before the court on cross-motions. The appellee has filed a motion to dismiss or affirm. The appellant has filed a motion for summary reversal and alternative petition for a writ of mandamus. All motions have been re ferred to a panel of the court pursuant to Rule 3(e), Rules of the Sixth Circuit.

Following remand of this case on a previous appeal the District Judge filed, and the clerk of the district court entered, a document styled “Judgment and Order.” This document set forth certain findings of the court and its reasoning in reaching a conclusion on the issue referred to it…