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ROBERTS v. PENNSYLVANIA DEPT. OF PUBLIC WELFARE

No. CIV.A.99-3836.

199 F.Supp.2d 249 (2002)

Gregory S. ROBERTS, v. PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, et al.

United States District Court, E.D. Pennsylvania.

February 21, 2002.

Attorney(s) appearing for the Case

Sharon K. Wallis, Philadelphia, PA, for Plaintiff.

Howard G. Hopkirk, Office of Attorney General Bureau of Consumer Protection, Harrisburg, PA, Doris M. Leisch, Department of Public Welfare, Barry N. Kramer, Lorrie McKinley, Philadelphia, PA, for Defendants.

LUDWIG, District Judge.

MEMORANDUM

Defendant Pennsylvania Department of Public Welfare moves to dismiss this action under § 503 of the Americans with Disabilities Act, 42 U.S.C. § 12203, and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(d).1 Fed.R.Civ.P. 12(b)(6).2 The motion, which is based on the Eleventh Amendment's guarantee of sovereign immunity,

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