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HODGE v. CITY OF LONG BEACH

No. CV-02-5851.

306 F.Supp.2d 288 (2003)

James HODGE, Plaintiff, v. CITY OF LONG BEACH, Eugene Cammarato, Edward Eaton, and Lawrence Wallace, Defendants.

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

February 24, 2003.

Attorney(s) appearing for the Case

Frederick K. Brewington, Law Offices of Frederick K. Brewington, Hempstead, NY, for Plaintiff.

William G. Holst, City of Long Beach Corporation Counsel, Long Beach, NY, for Defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendants the City of Long Beach, Eugene Cammarato, Edward Eaton and Lawrence Wallace move, pursuant to the Federal Rules of Civil Procedure, to dismiss the Second Amended Complaint filed against them by James Hodge. Defendants allege that the Court lacks subject matter jurisdiction, and that the Complaint fails to state a claim upon which relief may be granted. The Court heard oral argument on August 29, 2003...

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