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STANTON v. BOND

No. 74-1409.

504 F.2d 1246 (1974)

Wayne STANTON et al., Defendants-Appellants, v. Louise BOND et al., Plaintiffs-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1974.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., and A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellants.

Lawrence G. Albrecht, Milwaukee, Wis., Seymour Moskowitz, Gary, Ind., Ivan E. Bodensteiner and Michael Mulder, Law Student, Valparaiso, Ind., for plaintiffs-appellees.

Before SWYGERT, Chief Judge, and FAIRCHILD and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

We are asked to determine whether failure of a state to comply with the requirements of the early and periodic screening, diagnosis and treatment (for persons under 21 years of age) provisions of the Social Security Act justifies injunctive relief.

Plaintiffs, representing the class of persons under age 21 who are eligible for medical benefits under Title XIX of the Social Security Act, brought this action under 42 U.S.C. § 1983...

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