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WILLIAMS v. CASEY

No. 85 Civ. 2822 (RWS).

657 F.Supp. 921 (1987)

Janet WILLIAMS, Plaintiff, v. Albert V. CASEY, Postmaster General and John Burrell, individually and in his official capacity as an employee of the United States Postal Service, Defendants.

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

March 26, 1987.

Attorney(s) appearing for the Case

Stevens, Hinds & White, P.C., New York City (Aaron Frishberg, Jennifer Latifa Johnson, of counsel), for plaintiff.

Rudolph W. Giuliani, U.S. Atty. for the Southern Dist. of N.Y., New York City by David R. Lewis, Asst. U.S. Atty., Judith Bello, Office of Field Legal Services, Northeast Regional Office, U.S. Postal Service, for defendants.

SWEET, District Judge.

In this action by Janet Williams ("Williams") against the Postmaster General and her supervisor John Burrell charging discrimination on the basis of age, gender, and handicap, the Postmaster General has moved under Fed.R.Civ.P. 12(b)(1) to dismiss Counts One through Five on the basis of lack of subject matter jurisdiction and the Count Six Bivens action on the basis that a court-made remedy is preempted by an exhaustive statutory remedy...

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