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MAHER v. MATHEWS

Civ. A. No. 75-147.

402 F.Supp. 1165 (1975)

Russell MAHER, Plaintiff, v. Forrest David MATHEWS, Secretary, Department of Health, Education and Welfare, Individually and in his official capacity, Defendant.

United States District Court, D. Delaware.

September 30, 1975.

Attorney(s) appearing for the Case

Peter M. Siegel and Aida Waserstein of Community Legal Aid Society, Inc., Wilmington, Del., for plaintiff.

W. Laird Stabler, Jr., U. S. Atty., Wilmington, Del. and Dorothy Fait, Attorney of the General Counsel's Office of the Department of Health, Education & Welfare, Washington, D. C., of counsel, for defendant.

OPINION

LATCHUM, Chief Judge.

This case is now before the Court for possible disposition under three separate motions: (1) plaintiff's motion for summary judgment pursuant to Rule 56, F.R.Civ.P.;1 (2) defendant's motion to dismiss pursuant to Rule 12(b)(1), F.R.Civ.P.;2 and (3) defendant's motion for summary judgment.3 These motions were filed following a decision issued...

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