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CLARK v. TIMES SQUARE STORES CORP.

79 Civ. 0442 (LFM).

469 F.Supp. 654 (1979)

Lisa CLARK, Plaintiff, v. TIMES SQUARE STORES CORP. and Stanley Guss, Director of Personnel Department, Defendants.

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

April 27, 1979.

Attorney(s) appearing for the Case

Sandberg & Hochstein, P. C. by Ralph Hochstein, New York City, for defendant Times Square Stores Corp.

Silvera & Brooks by Trevor L. Brooks and Randy E. Latimer, Jr., New York City, for plaintiff.

OPINION

MacMAHON, District Judge.

Defendant, Times Square Stores Corp., moves to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.1 Rules 12(b)(1), (6), Fed.R.Civ.P. Since both the movant and plaintiff have submitted affidavits, we treat the motion to dismiss for failure to state a claim as a motion for summary judgment. Rule 12(b), Fed.R.Civ.P.

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