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PENNSYLVANIA PROTECTION AND ADVOCACY, v. HOUSTON

No. CIV.A. 00-CV-4332.

136 F.Supp.2d 353 (2001)

PENNSYLVANIA PROTECTION AND ADVOCACY, INC., Plaintiffs, v. Feather HOUSTON, in her official capacity as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, Defendant.

United States District Court, E.D. Pennsylvania.

March 29, 2001.

Attorney(s) appearing for the Case

Ilene W. Shane, Stephen F. Gold, Philadelphia, PA, for Plaintiffs.

Thomas J. Blazusiak, Department of Public Welfare, Office of Legal Counsel, N.E. Region, Allentown, PA, for Defendant.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

Presently before this Court is the Defendant's Motion to Dismiss the Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(1) (lack of subject matter jurisdiction). For the reasons set forth below, the Motion is denied.

I. BACKGROUND

A. Factual Background

Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., establishes the federal Medical Assistance program. The...

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