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BROWN v. STANTON

No. 79-1459.

617 F.2d 1224 (1980)

Elizabeth BROWN and James Brown by his next friend Michael Brown, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Wayne A. STANTON, Individually and as the Administrator of the Indiana Department of Public Welfare, and Elizabeth Samkowski, Individually and as Director of the Marion County (Indiana) Department of Public Welfare, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 1980.

As Amended February 29, 1980.

Attorney(s) appearing for the Case

Peter L. Cassady, Legal Service Organization of Indiana, Inc., Indianapolis, Ind., for plaintiffs-appellants.

Jeffrey K. Baldwin, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before CUMMINGS and PELL, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

This case involves a husband and wife who are no longer residing together due to a medical disability which requires the long-term institutionalization of one of the spouses. The court below ruled that, in computing the Medicaid benefits payable to the institutionalized spouse, the State of Indiana may consider the resources of the noninstitutionalized spouse as available to the institutionalized...

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