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RODGERS v. ATENCIO

No. 78-717.

608 P.2d 813 (1979)

Lavera P. RODGERS, Alice Cloud, and Charles Burt (Joined pursuant to C.R.C.P. 20), on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. Armando R. ATENCIO, Executive Director of the Colorado State Department of Social Services; Colorado State Department of Social Services; and Colorado State Board of Social Services, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 29, 1979.

Certiorari Denied April 7, 1980.

Attorney(s) appearing for the Case

Maurice Knaizer, Jeffrey Bluth, John R. Holland, Denver, for plaintiffs-appellees.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Henry L. Solano, Asst. Atty. Gen., Denver, for defendants-appellants.

RULAND, Judge.

Defendant, Colorado Department of Social Services and its executive director, Armando Atencio, appeal from a judgment that certified plaintiffs' suit as a class action pursuant to C.R.C.P. 23, invalidated a Department regulation, ordered retroactive home care allowance benefits to plaintiffs Rodgers and Cloud, and barred the Department from denying plaintiffs and all class members from receiving future home care allowances. Plaintiffs, as representatives...

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