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MILLER v. JEFFERS

No. Civ.A. 3:97-1214.

142 F.Supp.2d 761 (2001)

Bradley MILLER, et al., Plaintiffs, v. John S. JEFFERS, In his Official Capacity as Director of the Division of Rehabilitation Services of West Virginia, et al., Defendants.

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

May 1, 2001.

Attorney(s) appearing for the Case

Mark T. Wade, R. Bruce Carlson, Robert Peirce & Associates, Pittsburgh, PA, Karl E. Osterhout, Wade Osterhout & Casey, LLP, Allison Park, PA, for plaintiffs.

James W. Thomas, John Philip Melick, Jackson & Kelly, Charleston, WV, for Tri-State Occupational Medicine, Inc., Bruce A. Guberman, M.D., Charles M. Paroda, M.D., defendants.

Darrell V. McGraw, Jr., Office of the Attorney General, Charleston, WV, Robert M. Nunley, Institute, WV, Donald L. Darling, Deputy AG, Office of the Attorney General, Charleston, WV, for John S. Jeffers, defendant.

Victor J. Pane, Social Security Administration, Philadelphia, PA, Stephen M. Horn, United States Attorney's Office, Charleston, WV, Chief Counsel, Office Of The General Counsel, Assistant Regional Counsel, Philadelphia, PA, David W. Ogden, Acting Asst. Attorney General of the U.S., U.S. Department of Justice, Washington, DC, Judry L. Subar, Richard G. Lepley, U. S. Department of Justice, Washington, DC, for Kenneth Apfel, defendant.

ORDER GRANTING DISMISSAL OF DEFENDANT APFEL

CHAMBERS, District Judge.

Defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (SSA), moved to dismiss the Third Amended Complaint on two grounds. First, Defendant Apfel contends that Plaintiffs' claims against him are barred by the Administrative Procedures Act (APA) which precludes judicial review of decisions "committed to agency discretion." Second, Defendant Apfel asserts that Plaintiffs...

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