District Court, S.D. Ohio December 9, 2002, C-3-02-116 (Schaefer v. United States Postal Service)

DECISION AND ENTRY OVERRULING THE MOTION OF DEFENDANTS UNITED STATES POSTAL SERVICE, POSTMASTER GENERAL JOHN E. POTTER, AND JOSEPH K. FRITTS, TO DISMISS COUNTS ONE AND THREE, TREATED AS A MOTION TO DISMISS, PURSUANT TO FED. R. CIV. P. 12(B)(6) (DOC. # 17-1); DEFENDANTS’ MOTION, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT ON COUNT TWO (DOC. # 17-2) IS SUSTAINED

RICE, Chief Judge.