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BENTON v. RHODES

No. 76-2177.

586 F.2d 1 (1978)

Idabelle BENTON et al. and William Wisebaker et al., Plaintiffs-Appellees, v. James A. RHODES, Governor, State of Ohio, and Raymond McKenna, Director, Ohio Department of Public Welfare, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 10, 1978.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Richard J. Nagle, Jr., James F. Porcello, Jr., Columbus, Ohio, for defendants-appellants.

Jerry Weiner, Columbus, Ohio, for Idabelle Benton.

Kathryn Haller, Ohio Legal Rights Service, Columbus, Ohio, for William Wisebaker.

Carolyn C. McTighe, Edward R. Stege, Jr., Franklin Hickman, Peter Iskin, Lloyd B. Snyder, Cleveland, Ohio, for plaintiffs-appellees.

Before WEICK and KEITH, Circuit Judges, and CECIL, Senior Circuit Judge.

WEICK, Circuit Judge.

The suits in the District Court were brought by plaintiffs under 28 U.S.C. § 1343(3), as class actions of all Ohio Medicaid recipients, against James A. Rhodes, the Governor of Ohio, and Raymond McKenna, the Director of the Ohio Department of Public Welfare, to enjoin the proposed reduction of a number of optional benefits from the state's medicaid program, and seeking declaratory relief.

The defendants have appealed from an order...

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