UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT AS TO DEFENDANTS FISHER AND BURTON

For the reasons set forth in the accompanying memorandum of law, pursuant to Fed R. Civ. P. 12(b)(6), the Defendants Fisher and Burton move the court to dismiss the action because the Complaint fails to state a claim against said Defendants upon which relief can be granted. In the alternative, Defendants Fisher and Burton move the court to grant summary judgment in favor of said Defendants pursuant to Fed. R. Civ. P. 56.

Pursuant to Local Rule 7(D) of the Eastern District of Virginia, Defendants do not request a hearing.

Respectfully submitted,

_____________________________

Larry L. Goodman (Va. Bar # 32621)

Nancy Chase Burton

David R. Burton