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LOFTON v. U.S. POSTAL SERVICE

No. 83 Civ. 8360 (JFK).

592 F.Supp. 36 (1984)

In the Matter of the Arbitration between Michael LOFTON, Petitioner, v. The UNITED STATES POSTAL SERVICE, Respondent.

United States District Court, S.D. New York.

August 31, 1984.

Attorney(s) appearing for the Case

Biaggi & Ehrlich by Carlos J. Cuevas, New York City, for petitioner.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Jordan Stanzler, Asst. U.S. Atty., New York City, for respondent.

OPINION

KEENAN, District Judge:

Petitioner, Michael Lofton ("Lofton") brings this action seeking vacatur of arbitration award. Jurisdiction is asserted under 9 U.S.C. § 10 and 39 U.S.C. § 1208, (Application at ¶ 3). Respondent has moved pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), for an order dismissing the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted...

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