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RICCIOTTI v. WARWICK SCHOOL COMMITTEE

Civ. A. No. 4379.

319 F.Supp. 1006 (1970)

Gino RICCIOTTI v. WARWICK SCHOOL COMMITTEE.

United States District Court, D. Rhode Island.

November 6, 1970.

Attorney(s) appearing for the Case

Timothy J. McCarthy, Providence, R. I., for plaintiff.

Robert C. Hogan, Asst. City Solicitor, City of Warwick, Warwick, R. I., for defendants.

OPINION

PETTINE, District Judge.

This action is before the court upon defendants' motion to dismiss the complaint for lack of subject matter jurisdiction. Defendants have complied with Fed.R.Civ.P. 12(b) (1), which requires this defense to be presented by motion, prior to the filing of an answer. Therefore, the present state of the record demands that the uncontroverted facts contained in the complaint be taken...

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