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KIMBLE v. SOLOMON

No. 77-2316.

599 F.2d 599 (1979)

Betty KIMBLE, Horace Lancaster, Thelma Eaton, Individually and on behalf of all others similarly situated, Appellants, v. Neil SOLOMON, Secretary of Health and Mental Hygiene of the State of Maryland, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Herbert Semmel, Center for Law and Social Policy, Washington, D. C. (Dennis Sweeney, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellants.

Randall M. Lutz, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Maryland, and Louise T. Keelty, Asst. Atty. Gen., Baltimore, Md., on brief), for appellee.

Before WINTER and PHILLIPS, Circuit Judges, and HOFFMAN, District Judge.

WINTER, Circuit Judge:

In this appeal, it is not disputed that the State of Maryland instituted an across-the-board reduction in Medicaid benefits without complying with federal regulations requiring individual notice to affected recipients. The only question is what relief may be given by the district court. The district court ordered the state to comply with federal notice regulations when instituting any future reductions, but reluctantly it held that the eleventh...

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