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SCHOOLCRAFT v. SULLIVAN

Civ. No. 4-90-53.

753 F.Supp. 1478 (1991)

Daniel J. SCHOOLCRAFT, Theodore Thomas, and Joseph L. Drumbeater, individually and on behalf of all others similarly situated, Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, et al., Defendants.

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

January 3, 1991.

Attorney(s) appearing for the Case

M. Francesca Chervenak, Kathleen Marg Davis, John S. Whitelaw, Laurie Nina Davison, Minneapolis, Minn., for plaintiffs.

Jerome Arnold, U.S. Atty., Robert Michael Small, Asst. U.S. Atty., Minneapolis, Minn., Donna Morros Weinstein, Chief Counsel, Region V, Donald T. McDougall and Michael Messer, Asst. Regional Counsel, Chicago, Ill., for defendant.

Hubert H. Humphrey, III, Atty. Gen. and Donald E. Notvik, Sp. Asst., St. Paul, Minn., for state defendants.

ORDER

DOTY, District Judge.

This matter is before the court on plaintiffs' motion for class certification and defendants' motion to dismiss for either lack of subject matter jurisdiction or failure to state a claim upon which relief may be granted, or in the alternative, for summary judgment. Based on the file, record and proceedings herein, the court grants defendants' motion for summary judgment.

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