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LATIMER v. ROBINSON

No. 3:03-0670.

338 F.Supp.2d 841 (2004)

Harvey L. LATIMER, D.D.S., Huey Newberry, D.D.S., Patricia Newberry, D.D.S., and Darryl Bivens, D.D.S., Plaintiffs, v. Kenneth S. ROBINSON, M.D., in his official capacity as Commissioner of the Department of Health, and Manny Martins in his official capacity as Deputy Commissioner, Tennessee Tenncare Bureau, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

May 20, 2004.

Attorney(s) appearing for the Case

Michael V. Thompson, Nashville, TN, for plaintiffs.

Sue A. Sheldon, Office of the Attorney General and Reporter, Nashville, TN, for defendants.

MEMORANDUM

ECHOLS, Chief Judge.

Presently pending before the Court is Defendants' Motion to Dismiss and/or for Summary Judgment (Docket Entry No. 10), to which Plaintiffs have responded in opposition. For the reasons explained herein, Defendants' Motion to Dismiss shall be GRANTED.

I. PROCEDURAL HISTORY

On July 28, 2003, Plaintiffs Harvey L. Latimer, D.D.S., Huey Newberry, D.D.S., Patricia W. Newbury, D.D.S., and Darryl Bivens, D...

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