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A v. NUTTER

Civil Action No. 08-4100.

737 F.Supp.2d 341 (2010)

A, a minor, and B, a minor, and C, a minor, D, a minor, and E, a minor, by and through their natural mother, Parent 1, on their own behalf and on behalf of any and all similarly situated persons; and Parent 1, on her own behalf, and on behalf of any and all similarly situated persons; and, N, a minor, by and through his natural mother, Parent 9, on her own behalf and on behalf of any and all similarly situated persons; and Parent 9, on her own behalf, and on behalf of any and all similarly situated persons, Plaintiffs, v. Michael NUTTER, in His Official Capacity As Mayor of the City of Philadelphia; Anne Marie Ambrose, in Her Official Capacity as Commissioner of the Department of Human Services ("DHS") of the City of Philadelphia; Estelle B. Richman, in Her Official Capacity as Secretary of the Department of Public Welfare ("DPW") of the Commonwealth of Pennsylvania Edward G. Rendell, in His Official Capacity as Governor of the Commonwealth of Pennsylvania, and John/ Jane Does # # 1-100, Defendants.

United States District Court, E.D. Pennsylvania.

August 27, 2010.

Attorney(s) appearing for the Case

David S. Mildenberg & Brian R. Mildenberg, for Plaintiffs.

Richard G. Tuttle & Doris M. Leisch, for Defendants.

MEMORANDUM

DuBOIS, District Judge.

  I. INTRODUCTION...........................................................347

 II. FACTUAL BACKGROUND ....................................................348

III. LEGAL STANDARD.........................................................350
     A. Rule 12(b)(1) Motions to Dismiss.....................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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