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DUNN v. SULLIVAN

Civ. A. No. 90-124-CMW.

758 F.Supp. 210 (1991)

Terrance DUNN, et al., Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. Delaware.

Motion to Alter or Amend Granted March 5, 1991.

Attorney(s) appearing for the Case

Neilson C. Himelein, Community Legal Aid Society, Inc., Wilmington, Del., for plaintiffs.

William C. Carpenter, Jr., U.S. Atty., Carolyn T. Greene, Asst. U.S. Atty., Wilmington, Del. (Eileen Bradley, Chief Counsel, Region III, Margaret Krecke, Asst. Regional Counsel, Office of Gen. Counsel, Philadelphia, Pa., of counsel), for defendant.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This is a class action1 wherein plaintiffs2 seek declaratory, injunctive and mandamus relief against the Secretary of Health and Human Services ("Secretary"). Plaintiffs challenge the Secretary's routine denial of requests for continued supplemental security income ("SSI") benefits during hospitalization. At bar is defendant's motion to dismiss for lack...

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