Dew v. United States
Court of Appeals for the Second Circuit
1Opinion of the Court
CURTIN, District Judge:
Plaintiffs, ninety-six permanently appointed Special Agents of the Federal Bureau of Investigation (“FBI”), appeal from a judgment entered in the United States District Court for the Southern District of New York (McKenna, /.) dismissing, pursuant to Fed.R.Civ.P. 12(b)(1), plaintiffs’ claim that defendants violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq. The court granted the motion after finding that plaintiffs’ claim was subject to administrative review under the USERRA, and as such, plaintiffs should have…
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