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CALIFORNIA, DEPT. OF SOCIAL SERVICES v. SHALALA

No. CIV.S99-0335 FCD JFM.

115 F.Supp.2d 1191 (2000)

State of CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Plaintiff, v. Donna SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. California.

September 1, 2000.

Attorney(s) appearing for the Case

Bill Lockyer, Charlton G. Holland III, Frank S. Furtek, Thomas R. Yanger, Attorney General's Office of the State of California, Sacramento, CA, for the Plaintiff.

Marjorie Shelvy, Yolanda Arias, Silvia Argueta, Erin Shaffer, Legal Aid Foundation of Los Angeles, Los Angeles, CA, Barbara Jones, Legal Aid Foundation of Los Angeles, Los Angeles, CA, for the Intervenor.

Bruce Vignery, AARP Foundation Litigation, Michael Schuster, AARP, Washington, DC, for Amicus Curiae American Association of Retired Persons.

David W. Ogden, Sheila M. Lieber, W. Scott Simpson, United States Department of Justice, Washington, D.C., Paul L. Seave, Joseph E. Maloney, United States Attorney's Office, Sacramento, CA, for the Defendant.

MEMORANDUM AND ORDER

DAMRELL, District Judge.

Defendant Secretary of Health and Human Services Donna Shalala ("the Secretary" or "HHS") moves this court for an order dismissing this action pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that plaintiff, the California Department of Social Services ("DSS"), fails to state a claim upon which relief may be granted. The DSS, intervenor Enedina Rosales ("Intervenor") and amicus curiae...

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