MEMORANDUM ORDER
NEAHER, District Judge.
At a pre-trial conference on January 22, 1974, counsel for defendant raised the issue of the court's subject matter jurisdiction in this case. Pursuant to Rule 12(h)(3), F.R.Civ.P., the parties were directed to submit briefs and affidavits on the question. Having considered the parties' submissions, the court finds it is without subject matter jurisdiction and therefore dismisses the action.
In his complaint...
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