Federal Defendant's Motion to Dismiss

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


William Thomas, et. al.       |   
      Plaintiffs pro se,      | 
                              |      
       v.                     |          C.A. No. 95-1018
                              |       Judge Charles R. Richey
The United States, et. al.    |      
      Defendants.             |

FEDERAL DEFENDANTS' MOTION TO DISMISS,
OR IN THE ALTERNATIVE,
MOTION FOR SUMMARY JUDGMENT

Federal defendants hereby move, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), to dismiss plaintiff's complaint on the grounds that the Court lacks jurisdiction over plaintiff's claims and the Complaint fails to state a claim upon which relief can be granted. In the alternative, federal defendants move, pursuant to Fed. R. Civ. P. 56, for summary judgment on the grounds that there are no genuine issues of material fact, and that defendants are entitled to judgment as a matter of law. In support of this motion, the Court is respectfully referred to the accompanying statement of material facts not in dispute, the memorandum of points and authorities, and the attached exhibits. A proposed order is also included.

Respectfully submitted,

____________________
ERIC H. HOLDER, JR.,
D.C. BAR #303115
United States Attorney

MARINA UTGOFF BRASWELL,
D.C. BAR #416587
Assistant United States Attorney