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KOZLOWSKI v. CITY OF DUNKIRK, NEW YORK

No. 03-CV-0766C(F).

319 F.Supp.2d 342 (2004)

Dwayne A. KOZLOWSKI, Plaintiff, v. CITY OF DUNKIRK, NEW YORK, et al., Defendants.

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

April 29, 2004.

Attorney(s) appearing for the Case

William E. Grande, Kenmore, New York City, for Plaintiff.

City of Dunkirk Law Department, Sami Wallace, of Counsel, Dunkirk, New York, for Defendants.

CURTIN, District Judge.

INTRODUCTION

This matter is before the court on defendants' motion to dismiss the complaint for lack of subject matter jurisdiction (Item 6). Plaintiff commenced this action on October 10, 2003, alleging violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et seq. (Item 1). Specifically, plaintiff contends that his employer, the City of Dunkirk, allowed him to accrue paid holidays and vacation...

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