District Court, E.D. Pennsylvania March 26, 1979, Civ. A. 78-1034 (Thomas v. Cuyler)

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MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is the motion of defendant Julius T. Cuyler (“Cuyler”) to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to Fed.R. Civ.P. 12(b)(6).

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For the reasons stated below, the motion will be granted.