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MOYE v. GARY

No. 84 Civ. 2460 (RWS).

595 F.Supp. 738 (1984)

Dorothy MOYE, Plaintiff, v. Clyde GARY, Defendant.

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

October 4, 1984.

Attorney(s) appearing for the Case

Dorothy E. Moye, plaintiff, pro se.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Bernard W. Bell, Asst. U.S. Atty., New York City, of counsel.

OPINION

SWEET, District Judge.

Plaintiff Dorothy E. Moye ("Moye") commenced this action in New York Civil Court on March 7, 1984, seeking $25,000 for mental anguish. On April 6, 1984, defendant Clyde Gary ("Gary"), an officer of the Department of Health and Human Services, removed the action to this court. Gary has now moved for an order pursuant to Fed.R. Civ.P. 12(b)(6) dismissing the complaint for failure to state a claim upon which relief may be granted...

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