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EZELL v. BOWEN

Civ. A. No. 5:87-0443.

669 F.Supp. 141 (1987)

Sheryl EZELL, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, S.D. West Virginia, Beckley Division.

June 30, 1987.

Attorney(s) appearing for the Case

James M. Cagle, Charleston, W. Va., for plaintiff.

Sarah G. Sullivan, Asst. U.S. Atty., Charleston, W. Va., for defendant.

ORDER

HALLANAN, District Judge.

This matter is before the Court on Defendant's motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R. Civ.P. 12(b)(1). Both parties have submitted memorandum in support of their respective positions and after careful consideration of all applicable pleadings, evidence and legal authority, the Court is now prepared to rule thereon.

I. Procedural Background

On May 6, 1987, this...

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