William Thomas, et. al. | C.A. No. 94-2742 Plaintiffs pro se, | Judge Charles R. Richey | v. | | The United States, et. al. | Defendants. |
the heart of the remaining issues before the Court" (Defts' Opp. pg. 2), but plaintiffs point out that the animating question before the Court was whether:
The facts on Record show that Mr. Myers' Declaration of July 25, 1995, (1) adds nothing to the evidentiary value of his January 20, 1995 letter, but (2) contributes considerable weight to plaintiffs' contention of Defendant Robbins' liability. [5]
"'(t)he rule (defendant) was convicted of violating is a substantive regulation, subject to the APA's procedural requirements but adopted in their absence. Before a person is threatened with jail for such a violation, the government must ensure that the rule itself is not in violation of the law.' United States v. Picciotto, 875 F2d 343, 349 "Characteristically, it appears, defendants' pleadings in this case make
not one (1) single mention of Picciotto. Rather than addressing the obvious, as reasoned dialogue and Rule 11 demands, defendants instead introduced the case of Speigel v. Babbitt, 855 F. Supp. 402." [9]
photographs signs which, according to the officer, was "for Court." Declaration of Ellen Thomas in Support of the Motion to Strike.
weren't even a problem when Thomas' letter was written, but are self-evidently the key matter presently at issue in this pleading. [11]
regulation has none. Cf. Shuttlesworth v. Birmingham, 394 U.S. 147, 153." United States v. Abney, 534 F.2d 983, 986; Pl's Memo (July 7, 1995) pg. 3, See also, Picciotto, supra.
"A permit application ... shall be deemed granted ... unless denied within 48 hours of receipt." 36 CFR (g)(ii)(E)(3).]