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AVEDIS v. HERMAN

No. 98 Civ. 0778(RWS).

25 F.Supp.2d 256 (1998)

Russell E. AVEDIS, Plaintiff, v. Alexis M. HERMAN, Secretary of Department of Labor, in her official capacity, and the United States Department of Labor Office of Workers Compensation Programs, Defendants.

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

November 18, 1998.

Attorney(s) appearing for the Case

Russell E. Avedis, Forest Hills, NY, pro se.

Honorable Mary Jo White, United States Attorney for the Southern District of New York, New York City (David S. Jones, Assistant U.S. Attorney, of counsel), for defendants.

Office of the Solicitor, U.S. Department of Labor, Washington, DC (Pamela S. Silverman, of counsel).

OPINION

SWEET, District Judge.

The defendant Alexis M. Herman, Secretary, United States Department of Labor (the "Secretary"), has moved under Rule 12(b)(1), Fed.R.Civ.P. to dismiss the complaint of plaintiff Russell E. Avedis ("Avedis"). For the reasons set forth below, the motion will be treated as a motion for summary judgment and as such granted with leave to the parties to make any further submissions within twenty (20) days or such other period...

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