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BROWN v. SMITH

No. 79-1459.

662 F.2d 464 (1981)

Elizabeth BROWN, and James Brown by his next friend, Michael Brown, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Robert SMITH, individually and as the Acting 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.

October 28, 1981.

Attorney(s) appearing for the Case

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

Eugene M. Fife, III, Marion County Dept. of Public Welfare, Theodore L. Sendak, Atty. Gen. of Ind., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.

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

GRANT, Senior District Judge.

In an opinion issued on January 30, 1980, this court invalidated the "deeming" regulations contained in the Indiana State Medicaid Plan as inconsistent with the Medicaid provisions of the Social Security Act, specifically 42 U.S.C. § 1396a(a)(17). Brown v. Stanton, 617 F.2d 1224 (7th Cir. 1980). Following our decision, appellee Wayne A. Stanton, Administrator of the Indiana Department of Public...

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