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FAMILIES AND YOUTH INC. v. MARUCA

No. Civ. 01-0169 LCS.

156 F.Supp.2d 1245 (2001)

FAMILIES AND YOUTH INCORPORATED, a non-profit corporation; Border Area Mental Health Services, Inc., a non-profit corporation; John Doe; Jane Doe 1 and Jane Doe 2, Plaintiffs, v. Robert T. MARUCA, Director of The New Mexico Human Services Department, Medical Assistance Division; and Timothy Westmoreland, Director of The Center for Medicaid And State Operations of The Health Care Financing Administration of the United States Department of Health and Human Services, Defendants.

United States District Court, D. New Mexico.

June 27, 2001.

Attorney(s) appearing for the Case

Joyce A. Montes, Reeves, Chavez, Walker & Albers, P.A., Las Cruces, New Mexico, Patric Hooper, John Dratz, Jr., Hooper, Lundy & Bookman, Inc., Los Angeles, CA, for plaintiff.

Patrick Joseph Rogers, Allen C. Dewey, Douglas A. Baker, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, New Mexico, Elizabeth M. Martinez, United States Attorney's Office, Albuquerque, New Mexico, Carole F. Kagan, United States Department of Health & Human Services General Counsel Office, Washington, D.C., for defendants.

MEMORANDUM OPINION

SMITH, United States Magistrate Judge.

THIS MATTER came before the Court on Defendant Maruca's Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. 10), filed April 30, 2001, Plaintiffs' Motion to File Supplemental Complaint, (Doc. 22), filed May 17, 2001, and Defendant Westmoreland's Motion to Dismiss (Doc. 26), filed May 22, 2001. The United States Magistrate Judge, acting upon consent and designation...

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