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ARMSTRONG v. CANSLER

Civil No. 5:07-CV-37-RLV.

722 F.Supp.2d 653 (2010)

Emily M. ARMSTRONG, a minor, by and through her Guardian ad litem, William W. Plyler, William E. Armstrong, and Sandra Armstrong, Plaintiffs/Counter-Defendants, v. Lanier M. CANSLER, in his official capacity as secretary of the North Carolina Department of Health and Human Services, Defendant/Counter-Plaintiff.

United States District Court, W.D. North Carolina, Statesville Division.

June 28, 2010.

Attorney(s) appearing for the Case

C. Mark Holt, William B. Bystrynski, Kirby & Holt, LLP, William Webb Plyler, McMillan Smith & Plyler, Raleigh, NC, Jeffrey Thomas Mackie, Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, PA, Hickory, NC, for Plaintiffs/Counter-Defendants.

Belinda A. Smith, Susannah Porter Holloway, N.C. Department of Justice, Raleigh, NC, for Defendant/Counter-Plaintiff.

Memorandum and Order

RICHARD L. VOORHEES, District Judge.

THIS MATTER is before the Court on cross-motions for summary judgment and all related memoranda of law and exhibits offered in support and opposition. (Documents #25, #28.)

I. Background

This case arises out of the Complaint filed on March 23, 2007 on behalf of the minor child, Emily M. Armstrong. Plaintiff brings the action under 42 U.S.C. § 1983 seeking declaratory...

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