Ray E. FULLINGTON, Floyd Israel, Gladys Jensen, and Jose Martinez, individually and on behalf of all other persons similarly situated, Plaintiffs,
v.
Con F. SHEA, individually and as Executive Director of the Department of Social Services, State of Colorado, Charline Birkins, individually and as Director of the Colorado State Division of Public Welfare, Peter Sumac, Ernest J. Bloedorn, Manual M. Diaz, John L. Haley, James A. Henderson, Gail F. Ouren, Henry J. Tupper, Willie E. Anthony, James H. Vincent, individually and as constituting the Colorado State Board of Social Services, Defendants.
Lola B. HOWARD, Mabel Beebe, Charles J. Pennock, Benjamin Bernstein, on behalf of themselves and all other persons similarly situated, Plaintiffs,
v.
Con F. SHEA, individually and as Executive Director of the Department of Social Services, State of Colorado, Charline Birkins, individually and as Director of the Colorado State Division of Public Welfare, Peter Sumac, Ernest J. Bloedorn, Manual M. Diaz, John L. Haley, James A. Henderson, Gail F. Ouren, Henry J. Tupper, Willie E. Anthony, James H. Vincent, individually and as constituting the Colorado State Board of Social Services, Defendants.
United States District Court, D. Colorado.https://leagle.com/images/logo.png
December 9, 1970.
December 9, 1970.
Attorney(s) appearing for the Case
William D. Prakken, Colorado Rural Legal Services, Inc., Boulder, Colo., A. Andrew Borg, Colorado Rural Legal Services, Inc., Greeley, Colo., Tom Holland, Colorado Rural Legal Services, Inc., La Junta, Colo., Gary S. Goodpaster, Michael Krassner, Colorado Rural Legal Services, Inc., Grand Junction, Colo., Robert Borsody, Center on Social Welfare Policy and Law, New York City, Laurens H. Silver, National Legal Program on Health Problems of the Poor, Los Angeles, Cal., Jean E. Dubofsky, Colorado Rural Legal Services, Inc., Boulder, Colo., of counsel, for Fullington and others.
James L. Treece, U. S. Atty., for District of Colorado, Denver, Colo., amicus curiae.
Richard F. Hennessey, Legal Aid Society of Metropolitan Denver, Denver, Colo., Terrance R. Kelly, East Denver Legal Services, Denver, Colo., Robert P. Borsody, Center on Social Welfare Policy and Law, New York City, Malvina H. Guggenheim, Laurens H. Silver, National Legal Program on Health Problems of the Poor, Los Angeles, Cal., of counsel, for Shea and others.
William Pultusker, Lynne Hufnagel, Legal Aid Society of Metropolitan Denver, Denver, Colo., student counsel.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., by Douglas D. Doane, Sp. Asst. Atty. Gen., Denver, Colo., for defendants.
Before HILL, Circuit Judge, and KERR and DOYLE, District Judges.
United States District Court, D. Colorado.
MEMORANDUM OPINION AND ORDER
WILLIAM E. DOYLE, District Judge.
This case raises the basic question whether Colorado can limit eligibility for medical aid (Medicaid) to those who qualify for various categorical public assistance programs, e. g., old age pension. Specifically, the question is whether Colorado regulations, which make eligible for Medicaid those who qualify for Old Age Pension or Aid to the Needy Disabled assistance but not to those whose income...
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