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BROWN v. AMERICAN LEGION CORTLAND CITY POST 489

No. 99-CV-329.

64 F.Supp.2d 96 (1999)

Shelly J. BROWN, Plaintiff, v. AMERICAN LEGION CORTLAND CITY POST 489; Joseph Smith, Individually and as Post Commander; Tom Clark and James Duggan, as Vice Commanders of American Legion Cortland City Post 489; Joseph Dwyer, Individually and as 6th District Commander, the American Legion Department of New York; and the National Office of the American Legion, Defendants,

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

August 31, 1999.

Attorney(s) appearing for the Case

Brown, Pinnisi & Michaels, P.C., Syracuse, NY (Theodore Lyons Araujo, of counsel), for Plaintiff.

Costello, Cooney & Fearon, LLP, Syracuse, NY (Michael A. Tremont, of counsel), for Defendants National Office of American Legion, American Legion Department of New York, and Joseph Dwyer, Individually and as 6th District Commander.

Charles G. Mills, Glen Cove, NY, for National Office of American Legion.

Hancock & Estabrook, LLP, Syracuse, NY (John T. McCann, of counsel), for American Legion Cortland City Post 489; Post Commander; Tom Clark, as Post Vice Commander; and James Duggan, as Post Vice Commander.

MEMORANDUM-DECISION and ORDER

MUNSON, Senior District Judge.

Two defendants have motions before the court: the National Office of the American Legion ("American Legion") moves to dismiss for lack of subject matter jurisdiction and failure to state a claim; the American Legion Department of New York's ("American Legion-NY") moves for judgment on the pleadings, or dismissal for failure to state a claim. Plaintiff opposes these motions.

BACKGROUND...

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