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BURLINGTON UNITED METHODIST FAMILY v. ATKINS

No. CIV.A. 2:02-0983.

227 F.Supp.2d 593 (2002)

BURLINGTON UNITED METHODIST FAMILY SERVICES, INC., Children's Home of Wheeling, Inc., Elkins Mountain School, Inc, and the Pressley Ridge School, Inc., Plaintiffs, v. Nancy ATKINS, Commissioner, West Virginia Bureau for Medical Services, and Paul L. Nusbaum, Secretary, West Virginia Department of Health and Human Resources, Defendants.

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

October 15, 2002.

Attorney(s) appearing for the Case

Jeffrey K. Matherly, Bowles Rice McDavid Graff & Love, Charleston, WV, for Burlington United Methodist Family Services, Inc., Children's Home of Wheeling, Inc., Elkins Mountain School, Inc.

Charles M. Johnson, Robinson & McElwee, Charleston, WV, Charles M. Johnson, Dinsmore & Shohl, Charleston, WV, for Pressley Ridge School, Inc.

Darrell V. McGraw, Jr., Kimberly Stitzinger Jones, WV Dept. of Health and Human Resources, Charleston, WV, for Nancy Atkins, Paul L. Nusbaum.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Defendants' motion to dismiss for failure to state a claim upon which relief may be granted and Plaintiffs' motion for a preliminary injunction. The Court GRANTS Defendants' motion in part and DISMISSES all counts of the Complaint except Counts IV and VI, alleging a violation of constitutional rights of equal protection and a violation of civil rights.

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