Nonnie Mae NORMAN et al., Plaintiffs-Appellants,
v.
Fred ST. CLAIR et al., Defendants-Appellees.
Nonnie Mae NORMAN, et al., Plaintiffs-Appellees,
v.
Fred ST. CLAIR et al., and
Patricia Roberts Harris, Secretary of Health and Human Resources, Defendants-Appellants.
Nellie WILLIAMS et al., Plaintiffs-Cross Appellees.
Minnie Merli, and all others similarly situated in her class, Plaintiff-Appellant, Cross-Appellee,
v.
Fred ST. CLAIR et al., and
Patricia Roberts Harris, Secretary of Health and Human Resources, Defendants-Appellees, Cross-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
January 28, 1980.
January 28, 1980.
Attorney(s) appearing for the Case
Dennis L. Horn, Central Miss. Legal Serv., Hazlehurst, Miss., Gill Deford, Nat'l Senior Citizens Law Center, Los Angeles, Cal., for plaintiffs-appellants.
Thomas E. Childs, Jr., Asst. Atty. Gen., State of Mississippi, Jackson, Miss., J. G. Dedeaux, Gen. Counsel, State Dept. of Public Welfare, Jackson, Miss., for defendants-appellees in No. 77-1722.
Alvin N. Jaffe, Asst. Reg. Atty., Dept. of HEW, Atlanta, Ga., for defendants-appellees in No. 77-1722 and defendants-appellants in No. 79-2471.
Robert E. Kopp, Dept. of Justice, Civ. Div., App. Section, Washington, D. C., for Secretary of HEW.
Jim R. Bruce, Sp. Asst. Atty. Gen., Robert E. Hauberg, U. S. Atty., L. A. Smith, III, Asst. U. S. Atty., Jackson, Miss., W. R. Phillips, Staff Atty., MS Medicare Comm., Jackson, Miss., for defendants-appellants.
Alice Mattice, App. Section, Dept. of Justice, Washington, D. C., for Secretary of HEW and defendants-appellants.
Before COLEMAN, Chief Judge, and RONEY and FAY, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
COLEMAN, Chief Judge.
This case and its companion, Williams v. St. Clair,1 require an exploration of the complexities of Medicaid regulations, state and federal. Here, we examine Mississippi's "deeming" procedures. In Williams we consider "spend-down" regulations. We uphold the use of deeming as against both statutory and constitutional attack.
In these class actions the plaintiffs2 challenge...
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