ORDER
ROSENBAUM, District Judge.
This matter is before the Court on defendant's motion to dismiss for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (Fed. R.Civ.P) or, in the alternative, for summary judgment pursuant to Rule 56(c), Fed. R.Civ.P. Plaintiff opposes this motion. A hearing was held April 15, 1993.
Plaintiff Joel Charchenko was employed by the municipality of Stillwater, Minnesota...
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