MORENO v. SMALL BUSINESS ADMIN.

No. Civ. 3-87-239.

681 F.Supp. 1370 (1988)

Celso Carlos MORENO, Plaintiff, v. SMALL BUSINESS ADMINISTRATION, an agency of the United States of America; and James Abdnor, its Administrator; James C. Sanders; Richard D. Durkin; James L. Charney; J. Fred Herlocker; Robert A. Turnbull; James N. Thomson; Gene Graves; and Donald W. Showalter, Defendants.

United States District Court, D. Minnesota, Third Division.

March 22, 1988.


Attorney(s) appearing for the Case

Jack D. Elmquist, Jack D. Elmquist Law Offices, Minneapolis, Minn., for plaintiff.

Mary E. Carlson, Asst. U.S. Atty., Minneapolis, Minn., for defendants Small Business Admin., James Abdnor, James Sanders, Richard Durkin, James Charney, J. Fred Herlocker, Robert Turnbull, James Thomson, and Gene Graves.

Arlene Messinger, Washington, D.C., for defendant Small Business Admin.

Frederick W. Morris, Minneapolis, Minn., for defendant Donald W. Showalter.


MEMORANDUM AND ORDER

DEVITT, District Judge.

The government has moved for dismissal of this action for lack of jurisdiction and for failure to state a claim upon which relief may be granted.

BACKGROUND

For purposes of this motion, the facts are alleged in plaintiff's complaint are assumed to be true. According to the complaint, the plaintiff is a management level employee in the Small Business Administration (SBA) who held the position...

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