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ANTRICAN v. BUELL

No. 00CV173(H)(4).

158 F.Supp.2d 663 (2001)

Samuel ANTRICAN, and Alana Antrican, minor children, by their next of friend Angela Antrican; Jeshod Hughes and Emani Tatum, minor children, by their next of friend, Thea Gilbert; Arielle McCree, minor child by her next of friend, Sherry McCree; and Austin Brooks, minor child by his next of friend, Marty Greer, Plaintiffs, v. Carmen Hooker BUELL, Director of the North Carolina Department of Health and Human Services, and Richard Perruzzi, Director of the North Carolina Division of Medical Assistance, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

April 17, 2001.

Attorney(s) appearing for the Case

Reid C. Adams, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Carlene McNulty, Raleigh, NC, Garth A. Gersten, Womble, Carlyle, Sandridge & Rice, Research Triangle Park, NC, for Plaintiffs.

Ronald M. Marquette, Spec. Dep. Atty. Gen., N.C. Dept. of Justice, Raleigh, NC, for Defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction and failure to state a claim pursuant to Rules 12(b)(1) and 12(b)(6), respectively, of the Federal Rules of Civil Procedure. Plaintiffs submitted a motion to strike defendants' responsive memorandum under Local Rule 4.06 of the Eastern District of North Carolina. The parties have filed various documents in support...

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