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GELBFISH v. U.S. POSTAL SERVICE

No. 98 CV 3964 (NG).

51 F.Supp.2d 252 (1999)

Ben GELBFISH, Individually and d/b/a B.G. Chain Co. and as Assignee of Ernest D. Gaulin d/b/a Abba Jewelry, Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant.

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

June 11, 1999.

Attorney(s) appearing for the Case

Nathaniel E. Leserowitz, Brooklyn, NY, for Plaintiff.

Gail A. Matthews, Assistant U.S. Attorney, of counsel Zachary W. Carter, United States Attorney, E.D.N.Y., Celia Goldwag Barenholtz, Robert Mandel, Kronish Lieb Weiner & Hellman LLP, New York City, for CEPA, defendant.

Arthur Felsenfeld, Andrews & Kurth, New York City, for Bear Stearns, defendant.

MEMORANDUM AND ORDER

GERSHON, District Judge.

Presently before the court is the defendant's motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction because of plaintiff's failure to exhaust the administrative remedies available under the postal regulations for seeking indemnification for undelivered, registered mail.

This is an action involving two lost packages that were sent via registered mail...

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