FREEMAN v. PARHAM

No. 72-2213.

475 F.2d 185 (1973)

Manon FREEMAN, Individually and In Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. T. M. PARHAM, Director of the Georgia Department of Family and Children Services et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 13, 1973.


Attorney(s) appearing for the Case

Jay E. Loeb, Michael H. Terry, Edward L. Baety, Atlanta, Ga., for plaintiff-appellant.

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., John W. Stokes, U. S. Atty., Mrs. Charney K. Berger, Asst. U. S. Atty., Atlanta, Ga., Harold N. Hill, Jr. Executive Asst. Atty. Gen., James B. Talley, Carl C. Jones, Asst. Attys. Gen., Atlanta, Ga., for defendants-appellees.

Before BELL and THORNBERRY, Circuit Judges and GROOMS, District Judge.


BELL, Circuit Judge:

The sole question on this appeal is whether certain provisions of Title XIX of the Social Security Act, 42 U.S.C.A. § 1396 et seq., require the State of Georgia to provide Medicaid to a class of persons who are currently ineligible for Medicaid under Georgia law. The district court held that the statute does not require the state to provide Medicaid to these persons. We affirm.

In 1970 appellant applied for public assistance under...

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