Jechura v. United States

ORDER ON DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

WHITE, Senior Judge.

This case now comes before the court on the defendant’s motion to dismiss or, in the alternative, for summary judgment, and the plaintiff’s opposition to the motion. As both parties have submitted numerous documents of an evidentiary nature for the consideration of the court in connection with the pending motion, it will be necessary to consider the motion as one for summary judgment.

This court can grant a summary judgment under RUSCC 56(c) if the pleadings and the other papers before the…