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ORTIZ v. EICHLER

Civ. A. No. 84-16 MMS.

616 F.Supp. 1066 (1985)

Nilsa ORTIZ, John Peek, Annie Mae Revelle, Marcinda Jackson, and Denise Trader, individually and on behalf of all other persons similarly situated, Plaintiffs, v. Thomas P. EICHLER, in his official capacity as Secretary of the Delaware Department of Health and Social Services, and Phyllis T. Hazel, in her official capacity as Director of the Department's Division of Economic Services, Defendants.

United States District Court, D. Delaware.

August 16, 1985.

Attorney(s) appearing for the Case

Anne M. Perillo, Community Legal Aid Soc., Inc., Wilmington, Del., for plaintiffs.

Richmond L. Williams, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants.

OPINION ON REARGUMENT

MURRAY M. SCHWARTZ, Chief Judge.

Plaintiffs have filed a timely motion for reargument of one issue raised in their motion for summary judgment: whether defendants' practice of admitting and considering hearsay evidence at administrative hearings violates plaintiffs' rights to confront and cross-examine adverse witnesses. Relying on plaintiffs' concession that Rule 803 of the Delaware Rules of Evidence applies to DES hearings, the Court...

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