United States v. Smith

McMANUS, Chief Judge.

This matter is before the court on defendant’s motion to dismiss for failure to state a claim or, alternatively, for summary judgment, filed May 2, 1980, and plaintiff’s resistances thereto filed May 12 and 13, 1980, the latter of which incorporates plaintiff’s cross-motion for summary judgment. Defendant’s motion for summary judgment granted.

This action is an action for declaratory judgment involving a sum of money in plaintiff’s possession. Before proceeding to resolve the motions now before the court, it is necessary to relate the facts that form the background to this…