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SMITH v. POTTER

No. 01 Civ. 9512(JFK).

208 F.Supp.2d 415 (2002)

William M. SMITH, as President and on behalf of the New York Metro Area Postal Union, APWU, AFL-CIO and Dennis O'Neil, Plaintiffs, v. John E. POTTER, Postmaster General of the United States, Defendant.

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

July 1, 2002.

Attorney(s) appearing for the Case

Lewis, Greenwald, Clifton & Nikolaidis, P.C., New York City (Louie Nikolaidis, Peter Henner, of counsel), for Plaintiffs.

James B. Comey, United States Attorney for the Southern District of New York, New York City (Daniel S. Alter, Sheila M. Gowan, Assistant United States Attorneys, of counsel), for Defendant.

OPINION and ORDER

KEENAN, District Judge.

Before the Court are the following motions: (1) motion to dismiss the complaint, pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and Fed. R.Civ.P. 12(b)(6) for failure to state a claim, filed on behalf of defendant, John E. Potter, Post Master General of the United States ("USPS"); and (2) motion to compel inspection and testing of the Morgan Processing and Distribution Center ("Morgan...

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