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MARTINEZ v. BOWEN

No. 8990-M Civ.

655 F.Supp. 95 (1986)

Jose R. MARTINEZ, et al., Plaintiffs, and James Lannom, et al., Petitioners, v. Otis R. BOWEN, Secretary of Health and Human Services, et al., Defendants.

United States District Court, D. New Mexico.

October 14, 1986.

Attorney(s) appearing for the Case

Patricia A. Butler, Staff Atty., National Legal Program on Health Problems of the Poor, Los Angeles, Cal., Earl Wylie Potter, Santa Fe Legal Aid Society, Santa Fe, N.M., for plaintiff.

Sutin, Thayer & Browne, Martha J. Kaser, Albuquerque, N.M., for amicus curiae New Mexico Ass'n for Homecare, Inc.

John Vail, New Mexico Legal Services Support Project, Albuquerque, N.M., Ray L. Fuller, Southern New Mexico Legal Services Inc., Las Cruces, N.M., Peter Komlos-Hrobsky, National Senior Citizens Law Center, Los Angeles, Cal., Michael Parks, National Health Law Program, Los Angeles, Cal., for plaintiffs.

William L. Lutz, U.S. Atty., Ronald F. Ross, Asst. U.S. Atty., Albuquerque, N.M., and Richard K. Willard, Asst. Atty. Gen., Sheila Lieber, David M. Glass, Attys., Dept. of Justice, Washington, D.C., for federal defendants.

MEMORANDUM OPINION AND ORDER

MECHEM, Senior District Judge.

This matter came on for consideration on defendants' motion to strike petitioners' motion to enforce the order on remand entered April 23, 1973 (Order) and on defendants' motion to vacate the Order. Counsel have treated the motion to strike more like a motion to dismiss, and so have I. Wright & Miller, Fed.Pract. & Procedure, § 1380. Having considered the motions, the responses...

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