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ARTHUR C. LOGAN MEM. HOSP. v. TOIA

No. 77 Civ. 1216.

441 F.Supp. 26 (1977)

ARTHUR C. LOGAN MEMORIAL HOSPITAL, Plaintiff, v. Philip L. TOIA, as Commissioner of Social Services of the State of New York, et al., Defendants.

United States District Court, S. D. New York.

August 24, 1977.

Attorney(s) appearing for the Case

Melvyn Douglas Haywoode, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y. by William J. Hibsher, Asst. U. S. Atty., New York City, for defendant Joseph Califano, Sec. U. S. Dept. of H. E. W.

MEMORANDUM AND ORDER

OWEN, District Judge.

Defendant Joseph Califano, Secretary of the United States Department of Health, Education, and Welfare (the Secretary), has moved to dismiss pursuant to Rule 12(b)(1), FRCP, or in the alternative, for summary judgment. Since the relief sought against (or from) the Secretary either exceeds his statutory authority or is discretionary, this motion is granted.

Under Title XIX of the Social Security Act (Medicaid...

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