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STEWART v. SULLIVAN

Civ. A. No. 92-417.

816 F.Supp. 281 (1992)

James STEWART, et al. v. Louis W. SULLIVAN, M.D., et al.

United States District Court, D. New Jersey.

October 26, 1992.

Attorney(s) appearing for the Case

Kent Masterson Brown, Brown & Brown, Lexington, KY, Richard Forest, Island Heights, NJ, for plaintiffs.

Susan J. Steele, Asst. U.S. Atty., Michael Chertoff, U.S. Atty., Newark, NJ, Stuart E. Gerson, Asst. Atty. Gen., Sheila M. Lieber, Peter Robbins, Dept. of Justice, Washington, DC, for Federal defendant.

POLITAN, District Judge.

This matter comes before the court on defendant's, Louis M. Sullivan, M.D., Secretary of the United States Department of Health and Human Services, motion to dismiss plaintiffs' complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs have filed a cross-motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Based upon the reasons set forth below, defendant's motion...

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