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KOZIOL v. HANNA

No. 5:00-CV-314.

107 F.Supp.2d 170 (2000)

Leon R. KOZIOL, Plaintiff, v. Edward A. HANNA, Utica Mayor; and City of Utica, Defendants.

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

August 1, 2000.

Attorney(s) appearing for the Case

Leon R. Koziol, New York, NY, for Plaintiff pro se.

Office of Corporation Counsel, Attorney for Defendants, City of Utica, Utica, NY, John P. Orilio, of Counsel.

MEMORANDUM DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

Presently before the court are the defendants' motion to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and/or for failure to state a cause of action, pursuant to Fed. R.Civ.P. 12(b)(6). Plaintiff opposes. Oral argument was heard on May 12, 2000, in Utica, New York. Decision was reserved.

II.

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