District Court, W.D. Michigan September 20, 1985, No. G83-630 (Kelley ex rel. Michigan v. United States)

OPINION

ENSLEN, District Judge.

This case is currently before the Court on Defendants’ two pending dispositive motions. On July 13,1984, Defendants filed a motion to dismiss Plaintiffs’ complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP) or in the alternative for summary judgment pursuant to FRCP 56(b).