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HARRIS v. PANEPINTO

Civ. A. No. 2:93-0242.

830 F.Supp. 932 (1993)

Eugene HARRIS and Debbie Harris, Plaintiffs, v. Ruth Ann PANEPINTO, Ph.D., in her capacity as Secretary of the West Virginia Department of Health and Human Resources and Mike Espy, in his capacity as Secretary, United States Department of Agriculture, Defendants.

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

August 19, 1993.

Attorney(s) appearing for the Case

Michael Miskowiec, Bruce Perrone, WV Legal Services Plan, Inc., Charleston, WV, for plaintiffs.

Mary Blaine McLaughlin, Office of the Atty. Gen., Michael W. Carey, U.S. Atty., Carol A. Casto, Asst. U.S. Atty., Charleston, WV, Elise S. Shore, Thomas Millet, Stuart E. Schiffer, Acting Asst. Atty. Gen., Stuart Gerson, Asst. Atty. Gen., Dept. of Justice, Civ. Div., John Koch, Dept. of Agriculture, Office of Gen. Counsel, Washington, DC, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross-motions for summary judgment filed by the Plaintiffs and the Defendants. Because the Plaintiffs' claims are moot, the Court GRANTS Defendants' motion for summary judgment and DENIES Plaintiffs' motion for summary judgment.

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:

"[I]f the pleadings...

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