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CUFFEE v. SULLIVAN

No. 90-0460-CV-W-5.

842 F.Supp. 1219 (1993)

Welton CUFFEE, Nellie Roberts, Josephine Wolbert, Individually and on Behalf of all others Similarly Situated, Plaintiffs, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services, Robert E. Bartman, Commissioner of Education of the Department of Elementary and Secondary Education of the State of Missouri, Frank Jost, Coorindator of the Section of Disability Determinations, Elizabeth Washburn, Defendants.

United States District Court, W.D. Missouri, W.D.

June 3, 1993.

Attorney(s) appearing for the Case

James M. Smith, Maria T. Dugan, Legal Aid of Western Missouri, Kansas City, MO, for plaintiffs.

Kristi A. Schmidt, Frank V. Smith, III, Dept. of Health & Human Services, Edwin H. Steinmann, Jr. Missouri Atty. General's Office, Jerry L. Short, U.S. Attys. Office, Kansas City, MO, for defendants.

ORDER

SCOTT O. WRIGHT, Senior District Judge.

Before this Court are plaintiffs' motion for a partial summary judgment and defendants' suggestions in opposition to the motion. For the reasons set out below, plaintiffs' motion will be denied.

BACKGROUND

This is a class action lawsuit, brought as a challenge to procedures employed and regulations promulgated by the Secretary of the Department of Health and Human Services. The Department...

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