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SIGNATURE COMBS, INC., ET AL., Plaintiffs, v. UNITED STATES OF AMERICA, ET AL., Defendants. SIGNATURE COMBS, INC., ET AL., Plaintiffs,

SUMMARY JUDGMENT IN FAVOR OF THE UNITED STATES AND VARIOUS FEDERAL AGENCIES

BERNICE B. DONALD, United States District Judge.

This matter is before the Court in the above captioned consolidated actions, on the motion by defendant, the United States of America (the "United States"), on behalf of itself and the U.S. Department of Defense, William S. Cohen, in his official capacity as Secretary of the Department of Defense, the U.S. Department of the Air Force, F. Whiten Peters, in his official capacity as Acting Secretary of the Department of the Air Force, the U.S. Department of the Army, Louis Caldera, in his official capacity as Secretary of the Department of the Army, the U.S. Department of the Navy, Richard Danzig, in his official capacity as Secretary of the Department of the Navy, the U.S. Postal Service, William J. Henderson, in his official capacity as Postmaster General and Chief Executive Officer of the U.S. Postal Service, the Tennessee Valley Authority and Craven H. Crowell, Jr., in his official capacity as Chairman of the Tennessee Valley Authority (collectively, the "Federal Agencies"), pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, for summary judgment in their favor, dismissing any and all remaining counterclaims or cross-claims against the United States and the Federal Agencies which were filed or which were deemed to have been filed in Case Nos. 98-CV-2777 D and 98-CV-2968 D. The Court has examined the record of those actions, including the motion papers filed by the United States and the Federal Agencies in support of their motion, and has noted that no opposition to the motion has been filed. The Court has also noted that the above-captioned actions have been stayed and that the parties may have believed that they were not authorized to file opposition to the motion. Subject to the opportunity of the parties to file opposition to the motion, as provided in this order, the Court has determined that there is no genuine issue as to any material fact with respect to the motion and that the United States and the Federal Agencies are entitled to a judgment in their favor as a matter of law. Accordingly,

IT IS HEREBY ORDERED AND ADJUDGED that, subject to the opportunity of the parties to file opposition to the motion, as provided in the following paragraph, summary judgment shall be and the same is hereby entered in favor of the United States and the Federal Agencies, dismissing with prejudice any and all remaining counterclaims or cross-claims against the United States and the Federal Agencies which were filed or which were deemed to have been filed in Case Nos. 98-CV-2777 D and 98-CV-2968 D.

IT IS FURTHER ORDERED that the parties shall have ten days from the entry of this order to file any opposition to the motion. If any such opposition is filed within that ten day period, the Court will schedule further proceedings with respect to the motion. If no such opposition is filed within that ten day period, this order shall become final.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Summary Judgment on all parties listed on the official service lists for the above-captioned actions.

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SIGNATURE COMBS, INC. v. U.S., (W.D.Tenn. 2001)
(Sep 11, 2001)