________________________________________ ) PHILIP R. KARN, JR. ) ) Plaintiff, ) ) Civ. A No. 95-1812 (CRR) v. ) ) (Judge Charles R. Richey) U.S. DEPARTMENT OF STATE, and ) THOMAS E. MCNAMARA, Assistant ) Secretary of State, Bureau of ) Political-Military Affairs, in ) his official capacity. ) ) Defendants. ) ) ________________________________________)
Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, defendants, through their undersigned counsel, move to dismiss the above-captioned action for lack of subject matter jurisdiction. In the alternative, pursuant to Rule 56 of the Federal Rules of Civil Procedure, defendants move for summary judgment on the ground that there is no genuine issue of material fact in this action and defendants are entitled to judgment as a matter of law. In support of these motions, defendants submit the accompanying memorandum of points and authorities, the accompanying declarations, and a statement of material facts as to which there is no genuine issue. A proposed order is attached hereto.
Respectfully Submitted, FRANK W. HUNGER Assistant Attorney General ERIC H. HOLDER United States Attorney [signed - Anthony J Coppolino for] VINCENT M. GARVEY Deputy Branch Director [signed] ANTHONY J. COPPOLINO Trial Attorney U.S. Department of Justice Civil Division - Federal Programs Branch 901 E Street, N.W. - Room 1084 Washington, D.C. 20530 (202) 514-4782 Attorneys for the Defendants. Date: November 15, 1995.