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HAMMOND v. DONOVAN

No. 79 4144 CV C 3.

538 F.Supp. 1106 (1982)

John HAMMOND, Plaintiff, v. Raymond J. DONOVAN, U. S. Secretary of Labor, et al., Defendants.

United States District Court, W. D. Missouri, C. D.

May 14, 1982.

Attorney(s) appearing for the Case

Walter W. Nowotny, Jr., Jefferson City, Mo., for plaintiff.

Judith M. Strong, Asst. U.S. Atty., Kansas City, Mo., James D. Henry, Associate Sol., Heidi D. Miller and Steven J. Mandel, Attys., Civ. Rights Div., U.S. Dept. of Labor, Washington, D. C., for defendants.

OPINION

ELMO B. HUNTER, Senior District Judge.

This action pends on the cross motions of the parties for summary judgment. Both parties have represented to the Court that there are no factual issues to be determined and the only issues raised are legal in nature and may be resolved by summary judgment. See F.R.Civ.P., Rule 56.

Plaintiff seeks a declaratory judgment, pursuant to 28 U.S.C. §§ 2201 and 2202, that the Missouri Division...

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