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FILIPPI v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 99 CIV 8667 JES.

138 F.Supp.2d 545 (2001)

Richard FILIPPI and Muriel Filippi as Co-Trustees of the Henry Filippi Supplemental Needs Trust, Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and New York City Department of Social Services, Defendants.

United States District Court, S.D. New York.

April 10, 2001.

Attorney(s) appearing for the Case

Roy F. Scaffidi, New York, NY, Attorney for Plaintiffs.

Mary Jo White, United States Attorney for the Southern District of New York, Attorney for Defendant U.S. Dep't. of Health and Human Services, New York, NY, Susan S. Normand, Assistant United States Attorney, Of Counsel.

Michael H. Hess, Corporation Counsel for the City of New York, Attorney for Defendant New York City Dep't. of Social Services, HRA/ORI Litigation Division, New York, NY, Douglas R. Israel, Assistant Corporation Counsel, Of Counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

The above-captioned interpleader action comes before the Court on defendant U.S. Department of Health and Human Services ("HHS")'s and defendant New York City Department of Social Services ("DSS")'s cross-motions for judgment on the pleadings. Each defendant claims priority over proceeds from a medical malpractice action being held in the Henry Filippi Supplemental Needs Trust ("the Trust") for reimbursement...

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