AZZOLINA v. UNITED STATES POSTAL SERVICE

Civ. No. 83-4867(AET).

602 F.Supp. 859 (1985)

Joseph AZZOLINA, individually and on behalf of all others similarly situated, Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, D. New Jersey.

February 26, 1985.


Attorney(s) appearing for the Case

Abramoff, Christie, Fox & Zaro by Gary E. Fox, Tinton Falls, N.J., for plaintiffs.

W. Hunt Dumont, U.S. Atty. by Irene Dowdy, Asst. U.S. Atty., Trenton, N.J., for defendant.


ANNE E. THOMPSON, District Judge.

This matter is before the court on cross motions for summary judgment. The defendant also moves to dismiss for lack of subject matter jurisdiction. The plaintiff is Joseph Azzolina. He purports to bring his complaint as a class action but has not moved for class certification as required by FED.R.CIV.P. 23. The defendant is the United States Postal Service ("U.S.P.S.").

The facts appear to be as follows. Azzolina is challenging...

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