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SERRA v. U.S. GENERAL SERVICES ADMIN.

No. 86 Civ. 9656 (MP).

667 F.Supp. 1042 (1987)

Richard SERRA, Plaintiff, v. UNITED STATES GENERAL SERVICES ADMINISTRATION; Terrence C. Golden, Administrator, General Services Administration; William F. Sullivan, Commissioner, Public Buildings Service, General Services Administration; William J. Diamond, Regional Administrator (Region Two), General Services Administration, Officially and Individually; Dwight Ink, Former Acting Administrator, General Services Administration, Individually, Defendants.

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

August 31, 1987.

Attorney(s) appearing for the Case

Gustave Harrow, New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y., by Richard M. Schwartz, New York City, Joel C. Mandelman, Deputy General Counsel, U.S. General Services Admin., Washington, D.C., Barbara G. Gerwin, Regional Counsel, U.S. General Services Admin., Region 2, New York City, for defendants.

MILTON POLLACK, Senior District Judge.

The defendants have moved to dismiss this suit pursuant to Rules 12(b)(1), 12(b)(6), and Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has countered with a motion pursuant to Rule 56 for partial summary judgment in his favor.

On July 14, 1987, this Court ruled that defendants William Diamond and Dwight Ink, sued in their personal capacities, are immune from personal liability herein under the doctrine of...

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