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KENDRICK v. BOWEN

Civ. A. No. 83-3175.

703 F.Supp. 1 (1989)

Chan KENDRICK, et al., Plaintiffs, v. Dr. Otis BOWEN, Jr., Sec'y of the Dep't of Health and Human Services, Defendant, and Sammie J. Bradley, et al., Defendant-Intervenors.

United States District Court, District of Columbia.

January 17, 1989.

Attorney(s) appearing for the Case

Kathryn Kolhbert, Janet Benshoof, Lynn Paltrow, American Civil Liberties Union, New York City, for plaintiff.

Robert J. Cynkar, Brook Hedge, Theodore Hirt, Thomas Millet, U.S. Dept. of Justice, Civ. Div., for defendant.

ORDER

CHARLES R. RICHEY, District Judge.

Before the Court is the defendant Bowen's motion to dismiss the plaintiff Kendrick's amended complaint. For the reasons herein stated, the Court grants Bowen's motion as to Count I of the complaint, but denies the motion as to Count II. The Court further lifts the stay of discovery previously imposed in this matter.

Bowen correctly asserts that Count I of the complaint must be dismissed, insofar as the United...

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