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  5. 49 F.Supp.2d 105 (1999)
 

McHUGH v. RUBIN

No. 98-CV-5651(TCP).

49 F.Supp.2d 105 (1999)

Dennis McHUGH, Plaintiff, v. Robert RUBIN, Secretary of the Department of the Treasury, and The Bureau of Alcohol, Tobacco and Firearms, Defendants.

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

April 23, 1999.

Attorney(s) appearing for the Case

Jerold Wolin, Wolin & Wolin, Jericho, NY, for plaintiff.

Zachary W. Carter, United States Attorney for the Eastern District of New York City, by Carolyn Lisa Miller, for defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

Before the Court is a Motion to Dismiss brought by defendants Robert Rubin ("Rubin"), Secretary of the Department of the Treasury, and the Bureau of Alcohol, Tobacco & Firearms ("ATF") pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendants' Motion to Dismiss is denied.

Background

The underlying facts in this case are not...

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