into the District of Columbia from Maryland, where it was registered on December 10, 1991. (App. p.135)
As described above, prior to its destruction by arson, the van was used by Mrs. Mize to travel from Washington, D.C. to Williamsburg, Virginia, and return, in connection with her nurse/educator business.
The van was also routinely used in interstate commerce by Mrs. Mize to drive to Freshfields, a grocery store located in Bethesda, Maryland.
(App., pp. 191-94)
The van was insured by Government Employees Insurance Company (GEICO), which the evidence will show, that notwithstanding its Washington, D.C. Zip Code, is physically located in the State of Maryland. (App., pp. 106-109). Following the fire, the van was towed to a storage facility by Raley's Towing, of Capitol Heights, Maryland. (App.,p. 105). A claim was filed by the Mize's for the destruction of the van which GEICO ultimately settled for $ 19,534.00, payable by draft mailed from Maryland to 4301 Argyle Terrace N.W., Washington, D.C. (App.,pp. 119-130).
The immediate impact on interstate commerce of the destruction of the van on June 21, 1992 was that Mrs. Mize was without transportation to get to the nursing seminar in Baltimore which she was to conduct on June 25-26, 1992. Consequently, Resource Applications, Hanover, Maryland, hired a car and driver from Carey Limosine, Arlington Virginia, to take Mrs. Mize to and from Baltimore, Maryland.
The subsequent impact on interstate commerce was caused by the need to replace the van. This was done by purchasing an identical model in the same fashion as the one destroyed by the arson.
JAY B. STEPHENS
United States Attorney
By: BRIAN M. MURTAGH
Assistant United States Attorney
U.S. Attorney's Office, 5th Fl.
Transnational/Major Crimes Unit
555 4th Street, N.W.
Washington, D.C. 20001
D.C. Bar No. 108480
EDITOR'S NOTE: The following court-provided text does not appear at this cite in 815 F. Supp. 7.
ORDER - March 1, 1993, Filed
For reasons stated in an accompanying Memorandum, it is this 1 day of March, 1993, hereby
ORDERED: that defendant's motion to dismiss is GRANTED and counts 1 and 2 are DISMISSED; and it is further
ORDERED: that counts 3, 4 and 5 will be tried on March 9, 1993, at 1:45 p.m. in Courtroom No. 3.
For Louis Oberdorfer
UNITED STATES DISTRICT JUDGE