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MILLER BY MILLER v. WHITBURN

No. 93-C-096-C.

816 F.Supp. 505 (1993)

Tiffany MILLER, by her next friend, DeAnna MILLER, Plaintiff, v. Gerald WHITBURN, Secretary of the Wisconsin Department of Health and Social Services, Defendant.

United States District Court, W.D. Wisconsin.

March 24, 1993.

Attorney(s) appearing for the Case

T. Christopher Kelly, Madison, WI, for Tiffany and DeAnna Miller.

Donald P. Johns, Asst. Atty. Gen., Madison, WI, for Gerald Whitburn.

OPINION AND ORDER

CRABB, Chief Judge.

This civil case for injunctive and declaratory relief is before the court on defendant's motion to dismiss the case for plaintiff's failure to state a claim on which relief may be granted, Fed.R.Civ.P. 12(b)(6), and on plaintiff's request for a court order enjoining defendant permanently from refusing to fund a liver-bowel transplant operation for plaintiff and declaring plaintiff's rights under the Medicaid Act, Subchapter...

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