Memorandum Opinion and Judgment Order

Pending before the court are motions by the United States of America, the United States Department of Justice, the United States Attorney’s Office for the Southern District of West Virginia, the United States Department of Health and Human Services and the Railroad Retirement Board ( “federal defendants”) and by the  West Virginia Department of Health and Human Resources to dismiss pursuant to  Fed. R. Civ. P. 12(b)(1) & (6).  Because it appears from the papers, affidavits, and other proofs that there is no disputed issue of material fact and that judgment for the moving parties is appropriate as a matter of law, the plaintiffs’ complaint is hereby DISMISSED with prejudice.