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SHARKEY v. QUARANTILLO

Docket No. 06-1397-cv.

541 F.3d 75 (2008)

Felipa SHARKEY, Plaintiff-Appellant, v. Andrea QUARANTILLO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 3, 2008.

Attorney(s) appearing for the Case

David Kwang Soo Kim (Matthew L. Guadagno, Kerry W. Bretz, Jules E. Coven, on the brief), Bretz & Coven, LLP, New York, NY, for Appellant Felipa Sharkey.

F. James Loprest, Jr., Special Assistant United States Attorney (David S. Jones, Assistant United States Attorney, of counsel, on the brief) for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee Andrea Quarantillo.

Before: MINER, LEVAL, AND POOLER, Circuit Judges.

POOLER, Circuit Judge:

Plaintiff-appellant Felipa Sharkey appeals from the January 25, 2006, judgment of the United States District Court for the Southern District of New York (Crotty, J.) granting defendant-appellee's motion to dismiss for lack of subject matter jurisdiction. We hold that the district court erred by dismissing the complaint for lack of subject matter jurisdiction. The following factual allegations, which we assume to be true for purposes of considering...

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