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FRANKLIN MEMORIAL HOSP. v. HARVEY

No. 07-cv-125-GZS.

532 F.Supp.2d 204 (2008)

FRANKLIN MEMORIAL HOSPITAL, Plaintiff, v. Brenda M. HARVEY, in her official Capacity as Commissioner of the Maine Department of Health and Human Services Defendant.

United States District Court, D. Maine.

January 28, 2008.

Attorney(s) appearing for the Case

Marc N. Frenette, Michael Poulin, Skelton, Taintor & Abbott, Auburn, ME, for Plaintiff.

Christopher C. Taub, Maine Attorney General's Office, Sally H. Demartini, Attorney General's Office, Augusta, ME, for Defendant.

ORDER ON MOTION TO DISMISS

GEORGE Z. SINGAL, Chief Judge.

Before the Court is a Motion to Dismiss filed by Defendant Brenda M. Harvey, in her official capacity as the Commissioner of the Maine Department of Health and Human Services ("DHHS"). (Docket # 7.) Defendant moves under Federal Rule of Civil Procedure 12(b)(6) to Dismiss Count II of Plaintiffs Complaint. For the reasons stated below, the Court GRANTS the Motion.

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