United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 95-5340                                        September Term, 1996
                                                   94cv02747

William Thomas, et al.,

  
        Appellants



v.

United States of America, et al.,

 
         Appellees

FILED MAY -5 1997
CLERK U.S. Court of Appeals

BEFORE: Wald, Williams, and Tatel, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance and the opposition there to; the motion to govern further proceedings and the opposition thereto; the motion for leave to exceed page limits; and the motion for transcripts, it is

ORDERED that the motion for leave to exceed page limits be granted. The Clerk is directed to file the lodged document. It is

FURTHER ORDERED that the motion for transcripts be denied. As the district court's determinations were made on the basis of legal arguments and uncontested facts, review of the transcripts is not necessary for this court's consideration of the appeal. It is

FURTHER ORDERED that the motion for summary affirmance be granted, substantially for the reasons stated by the district court in its orders filed April 12, 1995, and August 25, 1995. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog. Inc. v. Stanlev, 19 F.2d 294, 297 (D.C. Cir.1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam),cert. denied, 449 U.S. 994(1980). It is

1

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 95-5340

September Term, 1996

FURTHER ORDERED that the motion to govern further proceedings be denied.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.

Per Curiam

(signed)

Wald
Williams
Tatel