PRESTERA CENTER FOR MENTAL HEALTH SERVS. v. LAWTON

No. CIV.A. 2:00-0436.

111 F.Supp.2d 768 (2000)

PRESTERA CENTER FOR MENTAL HEALTH SERVICES, INC., et al., Plaintiffs, v. Elizabeth S. LAWTON, et al., Defendants.

United States District Court, S.D. West Virginia. Charleston Division.

September 12, 2000.


Attorney(s) appearing for the Case

Charles M. Johnson, David R. Bungard, Robinson & McElwee, Charleston, WV, for Plaintiffs.

Darrell V. McGraw, Jr., Attorney General, Charlene A. Vaughan, Kimberly L. Stitzinger, Office of the Attorney General, Charleston, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Defendants' motion to dismiss for failure to state a claim and lack of federal jurisdiction and Plaintiffs' motion for preliminary injunction. The Court GRANTS in part and DENIES in part Defendants' motion to dismiss. Finding a federal question, the Court retains jurisdiction of this action. Plaintiffs' motion for preliminary injunctive relief is DENIED.<...

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