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GARDNER v. PRISON HEALTH SERVICES, INC.

No. CIV. A. 96-4222-DES.

985 F.Supp. 1257 (1997)

Jimmy N. GARDNER, Plaintiff, v. PRISON HEALTH SERVICES, INC., Defendant.

United States District Court, D. Kansas.

October 29, 1997.

Attorney(s) appearing for the Case

Jay C. Hinkel, Irwin, Clutter, Severson & Hinkel, L.L.P., Topeka, KS, for Plaintiff.

Mark A. Buck, Davis, Unrein, Hummer & Buck, L.L.P., Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on defendant's Motion to Dismiss (Doc. 7) pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction.

I. BACKGROUND

On May 30, 1995, plaintiff received a right-to-sue letter from the Equal Opportunity Employment Commission. Plaintiff filed a complaint alleging violations of Title VII of the Civil Rights Act of 1964 against defendant...

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