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AMERICAN FEDERATION OF GOV. EMPLOYEES v. STONE

No. Civ. 3:04-CV-1219H.

342 F.Supp.2d 619 (2004)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1, and Justin McCrary, Plaintiffs, v. David M. STONE, in his official capacity as Administrator, Transportation Security Administration, United States Department of Homeland Security, Defendant.

United States District Court, N.D. Texas, Dallas Division.

November 2, 2004.

Attorney(s) appearing for the Case

Rod Tanner Rod Tanner & Associates Fort Worth, TX, Gony Frieder Office of General Counsel AFGE, Washington, DC, Mark D Roth American Fed Of Gov't Employees Washington, DC, for plaintiffs.

Frank Dounell Able, U.S. Attorney's Office Dept. of Justice, Dallas, TX, for defendant.

MEMORANDUM OPINION AND ORDER

SANDERS, Senior District Judge.

Before the Court are Defendant's Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), filed September 8, 2004; Plaintiffs' Response, filed October 8, 2004; and Defendant's Reply, filed October 25, 2004. For the following reasons, the Court is of the opinion that Defendant's Motion should be GRANTED in its entirety.

I. Background

Plaintiff Justin...

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