Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

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Case 3:03-cv—OO471—D@ Document 27 if Filed O3/O3/2004 Paget 0f2
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I UNITED STATES DISTRICT COURT E D I
DISTRICT OF CONNECTICUT
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f ISAAC L. SMITH :0 V . .
I piajntgff 3 3C °°471(I?TIsl*I’Iii1;rr:Icr CQIIRT
I I · I§.’>.€`-i"l"i*IEiiD. CI.
I I I v.
I r JONE E. POTTER, POSTMASTER
I g GENERAL, UNITED STAES POSTAL
I 5 SERVICE
I I Defendant March 03,2004
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PLAINTIFF’S OPPOSITION TO MOTION TO DISMISS I
I I AND OR SUMMARY JUDGEMENT I
The Plaintiff hereby opposes the defendant’s motion to dismiss and or the
I I motion for Summary Judgement to dismiss the above captioned action. I
I . The Plaintiff opposes the dismissal of this action on the grounds that there
I I g are genuine issues of material fact in dispute to be presented at trial. I
I There is a dispute as to weather or not Part Time Flexible Employees I
hereafter referred to as (PTF’s) non—unionized carriers who do the same job as f
I I Permanent Employees hereafter referred to as (PE) unionized are treated I
I differently by the United States Postal Service hereafter referred to as (USPS) I
because of their classification of being (PE) vs. (PTF) employee. I
There is a dispute as to weather or not a PTF is retaliated ori by the
i I
(USPS) for being injured on the job during the first 89 days of their employment. I
I I I

Case 3:03-cv—OO471—D® n Document 27 Filed O3/O3/2063 Page 2 0f 2
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l The letter from |\/IR. Charles B. Page President of the National Association ·
\ { of Letter Carriers hereafter referred to as the (NALC) has outlined in his letter a
copy (marked exhibit a attached hereto and by this reference made a part
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Q E hereof).
l I The unwritten Policy ofthe (USPS) violates and deprives (PTF) ofthe
Q equal protection of the law clause ofthe V and XIV Amendments to the United
- States Constitution because the (USPS) treats (PTF) non—unionized differently
l Z than the (PE) unionized who are in all other respects are the same and do the
` same job as carriers.
( l l Isaac L. Smith
( , 40-Sycvvay ST.
K l West Haven Ct. 06516
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