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HARP v. CITY OF NEW YORK

No. 01 Civ. 6604(JGK).

218 F.Supp.2d 495 (2002)

Jeffrey HARP, Plaintiff, v. CITY OF NEW YORK, Defendant.

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

August 29, 2002.

Attorney(s) appearing for the Case

Jeffrey Harp, Queens Village, pro se.

Eugene Prosnitz, Bronx, NY, for Jeffrey Harp.

Shauna Weinberg, Corporation Counsel, New York City, for City of New York.

OPINION AND ORDER

KOELTL, District Judge.

The plaintiff, Jeffrey Harp, brought this action pursuant to 42 U.S.C. §§ 1981 and 1983, alleging that his termination as an employee of the defendant was racially discriminatory. The defendant now moves, pursuant to Fed.R.Civ.P. 12(b)(1), to dismiss the complaint on the basis that this Court lacks subject matter jurisdiction over the plaintiff's claim.

I

On a motion to dismiss...

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