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JAMES EX REL. JAMES v. RICHMAN

Civil Action No. 3:05-CV-2647.

465 F.Supp.2d 395 (2006)

Robert A. JAMES by his next friend and attorney in fact, Josephine A. JAMES, Plaintiff, v. Estelle B. RICHMAN, in her official capacity as Secretary of the Commonwealth of Pennsylvania, Department of Public Welfare, Defendant.

United States District Court, M.D. Pennsylvania.

November 21, 2006.

Attorney(s) appearing for the Case

Kevin R. Grebas, Marshall & Associates, Wilkes-Barre, PA, Matthew J. Parker, Marshall & Associates, Jersey Shore, PA, for Plaintiff.

Michael L. Harvey, Office of Attorney General, Harrisburg, PA, for Defendant.

MEMORANDUM

CAPUTO, District Judge.

Presently before the Court are cross motions for summary judgment filed by Plaintiff Robert A. James and Defendant Estelle B. Richman, Secretary of the Commonwealth of Pennsylvania, Department of Public Welfare. (Docs. 30 and 32.) For the reasons stated below, Plaintiffs motion for summary judgment, as to his request for a permanent injunction, will be granted. Plaintiffs request for a declaratory judgment will be...

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