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EASTERN, INC. v. SHELLY'S OF DELAWARE, INC.

Civ. No. 88-5292 (JFG).

721 F.Supp. 649 (1989)

EASTERN, INC., et al., Plaintiffs, v. SHELLY'S OF DELAWARE, INC., et al., Defendants.

United States District Court, D. New Jersey.

September 8, 1989.

Attorney(s) appearing for the Case

Steven G. Wolschina, Brown & Connery, Westmont, N.J., for plaintiffs.

Paul A. Blaine, Asst. U.S. Atty., Camden, N.J., for defendants.

OPINION

GERRY, Chief Judge.

This case is before the court on defendant United States Postal Service's motion to dismiss plaintiff Eastern, Inc.'s action against it for lack of subject matter jurisdiction. For the reasons stated below, defendant's motion will be granted.

Factual Background

"[I]t is well established that in passing on a motion to dismiss ... on the ground of lack of jurisdiction over the subject ..., the allegations...

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