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KENNEDY v. RUNYON

Civil Action No. 95-1438.

933 F.Supp. 480 (1996)

Jerry C. KENNEDY, Plaintiff, v. Marvin T. RUNYON, Jr., Postmaster General, and the United States Postal Service, Defendants.

United States District Court, W.D. Pennsylvania.

July 22, 1996.

Attorney(s) appearing for the Case

Raymond Radakovich, Pittsburgh, PA.

Yolanda Pizarro, Law Department, Philadelphia Field Office, United States Postal Service, Philadelphia, PA.

Michelle Gutzmer, Asst. U.S. Atty.

MEMORANDUM OPINION

CINDRICH, District Judge.

This is an action by plaintiff Jerry C. Kennedy ("Kennedy") alleging discrimination on the basis of Kennedy's handicap by defendants Postmaster General, Marvin T. Runyon, Jr., and the United States Postal Service ("USPS"). Before the court is defendants' motion to dismiss for lack of subject matter jurisdiction. For the following reasons, the motion to dismiss, after conversion to a motion for summary judgment...

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