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MERTZ EX REL. MERTZ v. HOUSTOUN

No. CIV.A. 01-2627.

155 F.Supp.2d 415 (2001)

Etheleine J. MERTZ, by her next friend and Attorney-In-Fact Charles M. MERTZ, v. Feather O. HOUSTOUN, Secretary of the Pennsylvania Department of Welfare.

United States District Court, E.D. Pennsylvania.

July 30, 2001.

Attorney(s) appearing for the Case

Stanley M. Vasiliadis, Bethlehem, PA, for Plaintiff.

Andrew A. Coates, Office of Legal Counsel, Dept. of Public Welfare, Philadelphia, PA, for Defendant.

MEMORANDUM

WALDMAN, District Judge.

I. Introduction

Plaintiff has asserted claims for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. She alleges that defendant has violated Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., in determining her eligibility for Medicaid benefits. Plaintiff asserts federal question jurisdiction pursuant to 28 U.S.C. § 1331.

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