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GUPTON v. LEAVITT

No. 3:07-cv-185.

575 F.Supp.2d 874 (2008)

Henry L. GUPTON, Plaintiff, v. Michael O. LEAVITT, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, E.D. Tennessee, at Knoxville.

June 18, 2008.

Attorney(s) appearing for the Case

John C. Burgin, Jr., Kramer, Rayson, Leake, Rodgers & Morgan, LLP, Tasha C. Blakney, Eldridge & Blakney, PC, Knoxville, TN, for Plaintiff.

Elizabeth S. Tonkin, US Department of Justice, Knoxville, TN, for Defendant.

MEMORANDUM OPINION

LEON JORDAN, District Judge.

This civil action is before the court on the parties' dispositive motions. The defendant has filed a "Motion to Dismiss, or in the Alternative, for Summary Judgment" [doc. 7], to which the plaintiff has responded and filed a cross motion for summary judgment [docs. 14 and 15]. The defendant has filed a response to the plaintiffs cross motion and a...

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