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SELF v. KERNS

Civ. A. No. 80-64-N.

503 F.Supp. 1161 (1980)

Nancy E. SELF, individually and as a representative of the class hereinafter delineated, Plaintiff, v. W. H. KERNS, as Commissioner of the Medical Services Administration of the State of Alabama; and Patricia Harris, as Secretary of Health, Education and Welfare, Defendants.

United States District Court, M. D. Alabama, N. D.

December 17, 1980.

Attorney(s) appearing for the Case

John Self, Hamilton, Ala., for plaintiff.

Charles A. Graddick, Atty. Gen., State of Alabama, and Herman H. Hamilton, Jr., Shapard D. Ashley, Thomas S. Lawson, Jr., Montgomery, Ala., for W. H. Kerns.

Barry E. Teague, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery Ala., and Carl H. Harper, Sharon F. Adams, Dept. of HEW, Atlanta, Ga., for Patricia Harris.

MEMORANDUM OPINION

HOBBS, District Judge.

Without reaching the question of certification of the class in this action, this cause is now before the Court on defendant Harris' motion for summary judgment filed herein on October 28, 1980, and defendant Kerns' motion for summary judgment filed herein on November 12, 1980. Upon consideration of said motions, briefs and argument of counsel, the Court is of the opinion...

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