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GARNER v. U.S. DEPT. OF LABOR

No. 5:98CV84BrS.

114 F.Supp.2d 514 (1999)

Robert Thomas GARNER, III, Plaintiff v. U.S. DEPARTMENT OF LABOR, Defendant.

United States District Court, S.D. Mississippi, Western Division.

March 29, 1999.

Attorney(s) appearing for the Case

Frank J. Campbell, Teller, Martin, Chaney & Hassell, Vicksburg, MS, for plaintiffs.

Mitzi Dease Paige, U.S. Attorney's Office, Jackson, MS, for defendants.

MEMORANDUM OPINION AND ORDER

BRAMLETTE, District Judge.

This matter is before the Court on the plaintiff's Petition of Mandamus and Petition to Declare Certain Applications of Law Unconstitutional [docket no. 1-1] and on Motion of the defendant to Dismiss [docket no. 2-1] pursuant to Fed. R. Civ. Proc. 12(b)(1). Having carefully considered the motions, briefs, applicable statutory and case law, and being otherwise

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