IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

________________________________________________
						)
PHILIP R. KARN, JR.				)
						)
		Plaintiff,			)
						) Civ. A No. 95-1812 (LFO)
v.						)
						) (Judge Oberdorfer)
UNITED STATES DEPARTMENT OF STATE;		)
and UNITED STATES DEPARTMENT OF			)
COMMERCE; and WILLIAM A. REINSCH,		)
Undersecretary of Commerce for the Bureau of	)
Export Administration in his official capacity.	)
						)
		 Defendants.			)
						)
________________________________________________)

DEFENDANTS' SECOND MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (RE: COMMERCE DEPARTMENT REGULATIONS)

Pursuant to Rule 12(b)(1) and 56 of the Federal Rules of Civil Procedure, defendants, through their undersigned counsel, respectfully move to dismiss the above-captioned action or, in the alternative, for summary judgment. The grounds for this motion are that Count I and Count IX of plaintiff's Amended Complaint are not subject to judicial review and, in the alternative, that there is no genuine issue of material fact in this case, and the defendants are entitled to judgment as a matter of law on all claims. In support of the foregoing motions, the Court is respectfully referred to the accompanying defendants' memorandum of points and authorities; the Declaration of William A. Reinsch; the Declaration of Barbara A. McNamara; the Declaration of Anthony J. Coppolino; defendants' statement of material facts as to which there is no genuine issue; and exhibits attached thereto. A proposed order is attached hereto.

                        Respectfully Submitted,

			WILMA A. LEWIS
			Acting United States Attorney

			FRANK W. HUNGER
			Assistant Attorney General

			VINCENT M. GARVEY
                        Deputy Branch Director


			[signed]
			ANTHONY J. COPPOLINO
                        Trial Attorney
                        Department of Justice
                        Civil Division, Federal Programs Branch
                        901 E Street, N.W. - Room 1084
                        Washington, D.C.  20530
                        Voice Tel: (202) 514-4782
                        Fax Tel: (202) 616-8470	

			Counsel for the Defendant