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HANKE v. NYHUS

No. 4-78 Civ. 353.

470 F.Supp. 742 (1979)

Lula HANKE, by her Guardian Ad Litem, Mary Lou Hanke, on behalf of herself and others similarly situated, Plaintiffs, v. Warren NYHUS, Individually and as Supervisor of the Policy and Planning Unit of the Medical Assistance Division of the Minnesota Department of Public Welfare, and Arthur Noot, Individually and as Commissioner of the Minnesota Department of Public Welfare, and Howard Kelly and George Collias, Individually and as Program Directors of the Hennepin County Welfare Department, and Thomas Ticen, John Derus, Sam Sivanich, Jeff Spartz, Nancy Olkon, E. F. Robb, Jr., and Richard Kremer, Individually and as members of the Hennepin County Welfare Board, Defendants.

United States District Court, D. Minnesota, Fourth Division.

May 30, 1979.

Attorney(s) appearing for the Case

Legal Aid Society of Minneapolis by Laurie N. Davison, Minneapolis, Minn., appeared for plaintiffs.

Warren R. Spannaus, Atty. Gen., State of Minnesota by Ellen C. Dubuque, Sp. Asst. Atty. Gen., St. Paul, Minn., appeared for defendants.

MEMORANDUM ORDER FOR JUDGMENT

ALSOP, District Judge.

This matter comes before the court on cross-motions by the plaintiffs and the defendants for summary judgment pursuant to Rule 56 of the Fed.R.Civ.P. Defendants have also moved for dismissal pursuant to Rule 12(b) or summary judgment pursuant to Rule 56 for lack of subject matter jurisdiction.

This court has ruled on the issue of subject matter jurisdiction in its memorandum order of October 18...

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