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HAYES v. STANTON

No. 74-1795.

512 F.2d 133 (1975)

Charles HAYES and John Goebel and all other persons similarly situated, Plaintiffs-Appellants, v. Wayne A. STANTON, and Elizabeth Samkowski et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 4, 1975.

As Amended March 21, 1975.

Attorney(s) appearing for the Case

Harold R. Berk, Indianapolis, Ind., Patricia A. Butler, Los Angeles, Cal., for plaintiffs-appellants.

Theodore L. Sendak, Atty. Gen., Anna S. Rominger, Deputy Atty. Gen., Robert W. Geddes, Indianapolis, Ind., for defendants-appellees.

Before HASTINGS, Senior Circuit Judge, SWYGERT and STEVENS, Circuit Judges.

SWYGERT, Circuit Judge.

The question in this appeal is whether by enacting Pub.L. No. 93-233, § 13(c) Congress has mandated that states participating in the Medicaid program provide recipients of a mandatory State Supplemental Assistance payment with Medicaid coverage and benefits without the payment of a "spend down" or demonstration of need for any particular monetary amount of medical services.1 At issue is the legality of Indiana...

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