MARTINEZ v. RICHARDSON

No. 72-1426.

472 F.2d 1121 (1973)

Jose R. E. MARTINEZ et al., Plaintiffs-Appellants, v. Elliot L. RICHARDSON, Individually and as the Secretary of the United States Department of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 29, 1973.


Attorney(s) appearing for the Case

Patricia A. Butler, National Health and Environmental Law Program (Earl Wylie Potter, Santa Fe, N. M., and Cyrus E. Frank, National Health and Environmental Law Program, on the brief) for plaintiffs-appellants.

Thomas G. Wilson, Atty., Dept. of Justice, Washington, D. C. (Harlington Wood, Jr., Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., on the brief), for defendants-appellees.

Before HILL, SETH and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

In this action, as originally filed, the plaintiffs, now the appellants, sought injunctive and other relief against the Secretary of Health, Education and Welfare, together with the Social Security Administrator and the New Mexico Blue Cross. The object of the action was to prevent the defendants-appellees from terminating certain home health care benefits which are provided to the elderly under the Medicare program.

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