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TEXAS GRAY PANTHERS v. THOMPSON

Civil Action No. 99-1557 (RWR).

139 F.Supp.2d 66 (2001)

TEXAS GRAY PANTHERS, et al., Plaintiff, v. Tommy G. THOMPSON, Secretary of Health and Human Services; and, William A. Halter, Acting Commissioner of the Social Security Administration, Defendants.

United States District Court, District of Columbia.

March 28, 2001.

Attorney(s) appearing for the Case

Burton David Fretz, National Senior Citizens Law Center, Washington, DC, Patricia Baggs Nemore, Center For Medicare Advocacy, Washington, DC, for plaintiff.

Lisa Ann Olson, U.S. Department of Justice, Washington, DC, Sheila Mae Lieber, U.S. Department of Civil Division, Washington, DC, for defendants.

MEMORANDUM OPINION

ROBERTS, District Judge.

Plaintiffs bring this action under the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (1995), claiming that defendants1 have unlawfully withheld agency action regarding their duty to give certain notice to Medicare beneficiaries eligible to enroll in Medicaid "buy-in" programs as required by 42 U.S.C. § 1395b-3...

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