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SUNDBERG v. MANSOUR

Nos. G85-826, K85-99.

627 F.Supp. 616 (1986)

Linda SUNDBERG, for herself and as next friend of her children, Bryan Sundberg, Summer Sundberg, and Bradley Sundberg, Plaintiffs, v. Agnes Mary MANSOUR, Director of the Michigan Department of Social Services, Kevin Seitz, Director of the Medical Services Administration of the Department of Social Services and the Michigan Department of Social Services, Defendants. Barbara PHILLIPS, for herself and as next friend of Nicholas Lane Phillips, her son, and others similarly situated, Plaintiffs, v. Agnes Mary MANSOUR, Director of Michigan Department of Social Services, Paul Allen, Director of the Medical Services Administration of the Department of Social Services and the Michigan Department of Social Services, Defendants and Third-Party Plaintiffs, v. Otis R. BOWEN, M.D. Secretary of Health and Human Services, Third-Party Defendant.

United States District Court, W.D. Michigan, S.D.

January 29, 1986.

Attorney(s) appearing for the Case

David Kirschenheiter, Berrien County Legal Services Bureau, Inc., St. Joseph, Mich., Kathleen Gmeiner, Michigan Legal Services, Detroit, Mich., for plaintiffs.

Robert N. Rosenberg, Asst. State Atty. Gen., Lansing, Mich., Daniel M. LaVille, Asst. U.S. Atty. Gen., Grand Rapids, Mich., James R. Goeser, Asst. Regional Atty., Dept. of Health and Human Services, Chicago, Ill., for defendants.

OPINION

ENSLEN, District Judge.

Presently before the Court in this consolidated class-action proceeding are the parties' cross-motions for summary judgment. The Court heard oral argument on these motions on December 13, 1985. At that time, it granted plaintiffs' motion for a preliminary injunction (as to the named plaintiffs) and took the parties' motions for summary judgment under advisement. The Court agrees with the parties that there are no disputed...

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