PALMIERI, District Judge.
The defendant moves for dismissal of this action for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b) (6), Fed.R.Civ.P., and for lack of jurisdiction over the subject matter, pursuant to Rule 12(b) (1), Fed.R.Civ.P. The parties concede that no genuine issues of fact are present and that the controversy can be disposed of by way of summary judgment.
Alleging jurisdiction under the Civil Rights Act,...
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