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FLORIDA EX REL. McCOLLUM v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

Case No. 3:10-cv-91 RV/EMT.

716 F.Supp.2d 1120 (2010)

State of FLORIDA, by and through Bill McCOLLUM, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, N.D. Florida, Pensacola Division.

October 14, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General of Florida, Blaine H. Winship , Assistant Attorney General, Joseph W. Jacquot , Deputy Attorney General, Scott D. Makar , Solicitor General, Louis F. Hubener , Timothy D. Osterhaus , Deputy Solicitor Generals, Office of the Attorney General of Florida, Tallahassee, FL, for Plaintiff States.

David B. Rivkin , Lee A. Casey , Baker & Hostetler LLP, Washington, DC, for Plaintiff States, National Federation of Independent Business, Mary Brown, and Kaj Ahlburg.

Katherine J. Spohn , Special Counsel to the Attorney General, Office of the Attorney General of Nebraska, Lincoln, NE, for Plaintiff the State of Nebraska.

William J. Cobb III , Special Assistant and Senior Counsel to the Attorney General, Office of the Attorney General of Texas, Austin, TX, for Plaintiff the State of Texas.

Karen R. Harned , Executive Director, National Federation of Independent Business, Washington, DC, of cousel for Plaintiff National Federation of Independent Business.

Brian G. Kennedy , Eric B. Beckenhauer , U.S. Department of Justice, Washington, DC, Keith Scott Dubanevich , Oregon Dept. of Justice, Salem, OR, Aleksas Andrius Barauskas , Johnson Pope Bokor Etc., Tampa, FL, for Defendants.

ORDER AND MEMORANDUM OPINION

ROGER VINSON, Senior District Judge.

Now pending is the defendants' motion to dismiss (doc. 55). This motion seeks dismissal of Counts One, Two, Three, and Six of the plaintiffs' amended complaint for lack of subject matter jurisdiction (pursuant to Rule 12(b)(1), Fed.R.Civ.P.), and dismissal of all counts in the amended complaint for failure to state a claim upon which relief can be granted (pursuant to Rule 12(b)(6)...

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