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EVANS v. STANTON

No. 1-1080A282.

419 N.E.2d 253 (1981)

James L. EVANS, On Behalf of Himself and All Others Similarly Situated, Appellants-Plaintiffs, v. Wayne A. STANTON, Indiana Department of Public Welfare, Elizabeth Samkowski, Marion County Department of Public Welfare, Appellees-Defendants.

Court of Appeals of Indiana, First District.

April 21, 1981.

Attorney(s) appearing for the Case

Scott R. Severns, Dennis W. Lopes, Legal Services Organization of Indiana, Inc., Indianapolis, for appellants-plaintiffs.

Linley E. Pearson, Atty. Gen. of Indiana, Janis L. Summers, Gordon F. White, Deputy Attys. Gen., Indianapolis, for appellees-defendants.

Eugene M. Fife, II, Marion County Dept. of Public Welfare, Indianapolis, for appellee Samkowski.

ROBERTSON, Judge.

Evans appeals the dismissal of his complaint against the Indiana Department of Public Welfare (State Department) and the Marion County Department of Public Welfare (County Department). The complaint resulted from the termination of Evans's Medicaid benefits, without a pretermination hearing because of his failure to file a timely request for an appeal. The complaint sought damages for medical expenses...

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