Motion to Dismiss or in the Alternative for Summary Judgment

Public Court Documents
April 1, 1977

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Motion to Dismiss or in the Alternative for Summary Judgment preview

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  • Case Files, Hatcher v. Methodist Hospital - Hardbacks. Motion to Dismiss or in the Alternative for Summary Judgment, 1977. 256e63ad-5484-f111-ab0f-7ced8d2181dd. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/1e6dbc8b-15aa-4f9e-8ebd-dc3b65186519/motion-to-dismiss-or-in-the-alternative-for-summary-judgment. Accessed October 10, 2026.

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     [||3d1abbbd-b856-41a5-8f34-6d06b88e5631||] FILED 
UNITED STATES DISTRICT COURT APR 11977 

FOR THE Alimiaais = oy 
RANCIS T. GRANDYS 

NORTHERN DISTRICT OF INDIANA U, 5, pisTRicT Lee 
HAMMOND DIVISION 

BARBARA LEEK WESSON, 
BERNICE TERRY, 
EDDIE GRAY, and 
ROSA KEETON, 

Plaintiffs, 

Hammond Civil No. 
H 76-373 

vs. 

METHODIST HOSPITAL OF 
GARY, INC., an Indiana Not- 
For-Profit Corporation, and 
DAVID MATHEWS, Secretary, 
Department of Health, Education 
and Welfare of the United States 
of America, 

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Defendants. 

MOTION TO DISMISS OR IN THE 
ALTERNATIVE FOR SUMMARY JUDGMENT 
  

Comes now the United States of America by its 

attorney, Richard 1. Kieser, United States Attorney for the 

Northern District of Indiana, for and on behalf of the 

defendant Secretary of the Department of Health, Education 

and Welfare, and moves the Court pursuant to Rules 12(b) 

and 56 of the Federal Rules of Civil Procedure, to dismiss 

this cause or in the alternative to grant summary judgment, 

and in support of said motion states as follows: 

1. That the Court is without subject matter 

jurisdiction as to the defendant Secretary of the Department 

of Health, Education and Welfare, in that Plaintiffs have 

failed to exhaust their administrative remedies under Title 

42, United States Code, Section 2000(b), et seq., as 

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implemented by Title 45, C.F.R. part 80. 

2. That the Plaintiffs have failed to state 

a claim or cause of action against the defendant Secretary 

of Health, Education and Welfare upon which relief can be 

granted, and further have failed to allege facts which 

constitute a failure of the Secretary to meet his duty. 

WHEREFORE, the United States of America for and 

on behalf of the Secretary of the Department of Health, 

Education and Welfare respectfully moves the Court to 

dismiss the above-captioned cause or in the alternative 

to grant a motion for summary judgment. 

Respectfully submitted, 

Richard L. Kieser 
United States Attorney 

Siar fil 

  

  

Fred W. Grady J 
Assistant United States Attorney [||3d1abbbd-b856-41a5-8f34-6d06b88e5631||]

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