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BROWN v. SECRETARY OF DEPT. OF HEALTH & HUMAN SRVS.

No. IP 93-971 C.

874 F.Supp. 238 (1994)

Arthur and Bonnie BROWN, as parents of Harley D. Brown, deceased, and as parents and guardians of Ashlee R. Brown, Plaintiffs, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

September 15, 1994.

Attorney(s) appearing for the Case

Arthur Brown, Bonnie Brown, pro se.

U.S. Atty., Indianapolis, IN, Martin K. Banks, Torts Branch, Civ. Div., Washington, DC, for defendant.

ENTRY

BARKER, Chief Judge.

This matter is before the Court on Defendants' Motion to Dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed. R.Civ.P. 12(b)(6).

I. BACKGROUND

For purposes of the Defendants' Motion to Dismiss, the facts alleged in the Complaint are undisputed. Plaintiffs, Arthur and Bonnie Brown, are the parents of...

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