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McMULLEN v. HARGIS

No. 2 CA-CIV 3675.

128 Ariz. 142 (1980)

624 P.2d 339

Ernestina McMULLEN, on behalf of herself and her minor child, Edna Huitron; Gabriela Lopez, on behalf of herself and her minor child, Ruben Lopez; Michael Bonacquisti, on behalf of himself; and on behalf of all other persons similarly situated, Plaintiffs/Appellants, v. Dorothy HARGIS, former Director of the Cochise County Medical Card Department; Judy Gignac, J. Marlin Bohmfalk, and V.L. Thompson, members of the Cochise County Board of Supervisors, all individually and in their official capacities; Ronald Maxwell, Director of the Cochise County Medical Card Department, in his official capacity, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 11, 1981.

Review Denied March 3, 1981.

Attorney(s) appearing for the Case

Southern Arizona Legal Aid, Inc. by Christopher Hitchcock, Douglas, Southern Arizona Legal Aid, Inc. by John G. Balentine, Tucson, for plaintiffs/appellants.

Beverly H. Jenney, Cochise County Atty. by Thomas E. Dugal, Bisbee, for defendants/appellees.

OPINION

HOWARD, Judge.

At issue here are the eligibility requirements for free county medical assistance set forth in resolution 79-11 of the Cochise County Board of Supervisors.

A.R.S. Sec. 11-251(5) states that the board of supervisors may: "(p)rovide for the care and maintenance of the indigent sick of the county...."

The standards of eligibility for free county medical assistance are set forth in A.R.S. Sec. 11-297(A) which limits such...

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