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SALLA v. CALIFANO

No. 78 C 3095.

499 F.Supp. 684 (1980)

James R. SALLA, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary, Department of Health, Education & Welfare, Defendant.

United States District Court, N. D. Illinois, E. D.

October 22, 1980.

Attorney(s) appearing for the Case

Gerald A. Goldman, Chicago, Ill., for plaintiff.

Thomas P. Sullivan, U.S. Atty., by Martin B. Lowery, Asst. U.S. Atty., Chicago, Ill., for defendant.

ORDER

BUA, District Judge.

Presently before the court is the defendant's motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed.R.Civ.P.

The complaint alleges that the plaintiff was employed by the Department of Health, Education and Welfare (HEW) in 1971. In April of 1974, he was assigned to a newly created "hybrid" position in the Social Security...

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