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GRIFFITH v. BOWEN

Civ. A. No. 86-2556-Y.

678 F.Supp. 942 (1988)

Robert GRIFFITH and Katharine A. Nadworny, et al., Plaintiffs, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, D. Massachusetts.

February 1, 1988.

Attorney(s) appearing for the Case

Jeffrey C. Page, Diane F. Paulson, Massachusetts Medicare Advocacy Project, Greater Boston Elderly Legal Services, Boston, Mass., Sarah Anderson, Greater Boston Legal Services, Boston, Mass., for plaintiffs.

Nicholas Theodorou, Asst. U.S. Atty., Boston, Mass., for defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

The Secretary of Health and Human Services ("Secretary") has moved to dismiss this action pursuant to Fed.R.Civ.P. 12(b) for lack of subject matter jurisdiction. In the alternative, the Secretary moves to dismiss on the grounds that the plaintiffs' claims have become moot. For the reasons set forth below, the motion to dismiss is denied on both grounds.

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