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RUBIN v. TOURNEAU, INC.

No. 92 Civ. 0078 (MBM).

797 F.Supp. 247 (1992)

Marc S. RUBIN and Angela Viteritti, Plaintiffs, v. TOURNEAU, INC. and Jeffrey L. Gwynne and Associates, Inc., Defendants.

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

July 9, 1992.

Attorney(s) appearing for the Case

Eugene N. Harley, Levy, Gutman, Goldberg and Kaplan, New York City, for plaintiffs Rubin and Viteritti.

Clifford J. Ingber, Anita Lubetsky, Ingber & Ingber, New York City, for defendant Jeffrey L. Gwynne and Associates, Inc.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs Marc S. Rubin and Angela Viteritti Sue Tourneau, Inc., their former employer, and Jeffrey L. Gwynne and Associates, Inc. ("Gwynne"), a polygraph testing service, under the Employee Polygraph Protection Act of 1988, 29 U.S.C. § 2001-2009 (1988) ("EPPA"). The case is before the Court on defendant Gwynne's motion to dismiss plaintiffs' "Third Cause of Action" as against Gwynne for lack of subject matter...

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