BOND v. STANTON

No. 80-1886.

655 F.2d 766 (1981)

Louise BOND, individually and on behalf of her minor children, and others similarly situated, et al., Plaintiffs-Appellants, v. Wayne A. STANTON, individually and in his capacity as Administrator of the Indiana Department of Public Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 1981.


Attorney(s) appearing for the Case

Michael M. Mulder, Project Justice & Equality, Valparaiso University School of Law, Valparaiso, Ind., for plaintiffs-appellants.

Gordon E. White, Indianapolis, Ind., for defendants-appellees.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and JAMESON, Senior District Judge.


SWYGERT, Senior Circuit Judge.

In this class action lawsuit, before our court for the second time, plaintiffs allege that various Indiana state officials have failed to implement a mandatory federal health program critical to the welfare of Indiana's needy children. According to 42 U.S.C. § 1396d(a)(4)(B), Early and Periodic Screening, Diagnosis and Treatment (EPSDT), a preventive health program for children, must be provided by each state participating in the...

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