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ELDRIDGE v. SHEA

Civ. A. No. C-3806.

361 F.Supp. 681 (1973)

Montie G. ELDRIDGE, Individually and on behalf of all other persons similarly situated, Plaintiffs, Candido Armijo, Intervenor, v. Con F. SHEA, Individually and as Executive Director of the Department of Social Services, State of Colorado, et al., Defendants.

United States District Court, D. Colorado.

July 3, 1973.

Attorney(s) appearing for the Case

Frank Dubofsky, Colorado Rural Legal Services, Denver, Colo., John Kuenhold, Colorado Rural Legal Services, Alamosa, Colo., and William Redak, Colorado Rural Legal Services, La Junta, Colo., for plaintiffs.

Douglas D. Doane, Sp. Asst. Atty. Gen., Denver, Colo., for defendants.

Before McWILLIAMS, Circuit Judge, and ARRAJ and FINESILVER, District Judges.

OPINION AND ORDER

ARRAJ, District Judge.

Plaintiffs are totally and permanently disabled recipients under Colorado's Old Age Pension (OAP) program. They claim, on behalf of themselves and others similarly situated, that Colorado's statutory scheme which provides "home care" and "essential person" benefits to eligible Aid to the Needy Disabled (AND) recipients, but which denies these special care benefits to those who are eligible for OAP and who, but for...

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