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BLUE v. CRAIG

No. 73-2183.

505 F.2d 830 (1974)

Grace B. BLUE et al., Appellants, v. Clifton M. CRAIG, Commissioner of the North Carolina Department of Social Services, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1974.

Attorney(s) appearing for the Case

Denison Ray, Durham, N.C., The Legal Aid Society of Durham County, North Carolina, for appellants.

William F. O'Connel, Asst. Atty. Gen. of North Carolina (Robert Morgan, Atty. Gen. of North Carolina, on brief), for appellees Clifton M. Craig and North Carolina Board of Social Services.

Lester W. Owen, Durham, N.C., on brief for appellee Thomas Hogan.

Before WINTER, RUSSELL and FIELD, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This is a class suit for a declaratory judgment that the North Carolina State Plan for Medical Assistance,1 fails to provide and thus deprives North Carolina recipients of medical assistance secured to them by Section 1396a, et seq., 42 U.S.C., Title XIX of the Social Security Act, and the regulations promulgated thereunder.2 The actual deprivation complained of is the failure...

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