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HIGGINS v. TEXAS DEPARTMENT OF HEALTH SERVICES

Civil Action No. SA-10-CV-990-XR.

801 F.Supp.2d 541 (2011)

Jeffrey HIGGINS, On Behalf of His Infant Daughter and of the Class Similarly Situated and Andromida A. McCall, On Behalf of Her Infant Daughter and of the Class Similarly Situated, Plaintiffs, v. TEXAS DEPARTMENT OF HEALTH SERVICES and David L. Lakey, M.D., In His Official Capacity as Commissioner, Defendants.

United States District Court, W.D. Texas.

July 7, 2011.

Attorney(s) appearing for the Case

James C. Harrington , Texas Civil Rights Project, Austin, TX, for Plaintiffs.

Nancy K. Juren , Yvonne D. Bennett , Office of Attorney General, Austin, TX, for Defendants.

ORDER

XAVIER RODRIGUEZ, District Judge.

On this date, the Court considered Defendants' Motion to Dismiss (docket no. 4) and the Response and Reply thereto. After careful consideration, the Court will grant the motion in part and dismiss it as moot in part.

I. Background

Plaintiffs bring suit against the Texas Department of Health Services ("the Department") and David L. Lakey, in his Official Capacity as Commissioner of the Department....

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