STUART M. GERSON
Assistant Attorney General
JOHN A. MENDEZ
United States Attorney
STEPHEN L. SCHIRLE
Chief, Civil Division
MARY BETH UITTI
Assistant United States Attorney
(415) 556-6181
ELIZABETH A. PUGH
JOHN S. MARTIN
Attorneys, Department of Justice
Civil Division
Room 1024
901 E Street N.W.
Washington, D.C. 20530
(202)616-0179



                      UNITED STATES DISTRICT COURT
                FOR THE NORTHERN DISTRICT OF CALIFORNIA


John C. Gilmore,            )
Plaintiff                   )                Civil Action No. C-92-3646
                            )                TEH
      vs .                  )
                            )
National Security           )
Agency,                     )
Defendant.                  )


Date: December 14, 1992 Time: 10:00 a.m.




NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT


Please take notice that on December 14, 1992 at 10:00 a.m., or as soon 
thereafter as the matter may be heard, in the courtroom of the Honorable 
Chief Judge Thelton E. Henderson, defendant will move this honorable 
court to grant summary judgment in its favor. This motion will be based 
on the accompanying declaration, memorandum and statement of material 
facts, and all other papers, pleadings and documents previously filed in 
this matter.

Because there are no issues of material fact and defendant is entitled 
to judgment as a matter of law, defendant, through its undersigned 
attorneys, hereby moves the Court, pursuant to Federal Rule of Civil 
Procedure 56, to grant summary judgment in its favor.

A memorandum of points and authorities is attached in support of this 
motion.


Respectfully Submitted,

Stuart M. Gerson
Assistant Attorney General

John A. Mendez
United States Attorney


(signed) Elizabeth A. Pugh


(signed) John S. Martin


Attorneys, Department of Justice
Civil Division, Room 1024
901 E Street NW
Washington, D.C. 20530
(202)616-0179

OF COUNSEL:

Alison Jameson
Attorney, Office of
General Counsel
National Security Agency

CERTIFICATE OF SERVICE

I certify that, on November 10, 1992, I caused a copy of the 
defendant's Motion For Summary Judgment; Defendant's Statement of 
Material Facts not in Dispute; Memorandum of Points and Authorities in 
Support of Defendant's Motion For Summary Judgment, the Declaration 
Michael A. Smith, and a Proposed Order to be served, by postage prepaid 
first-class mail on:



Lee Tien
1452 Curtis Street
Berkeley, California  94702

(signed) JOHN S. MARTIN