No. 82-1425.

683 F.2d 596 (1982)

Angelina BURGESS, Therese Kirouac, Ian Dowell, Janet Ducharme, Annie Foote, Margaret Monteiro, Lora Martino, On their own behalf and on behalf of all others similarly situated, Plaintiffs, Appellants, v. John J. AFFLECK, Individually and in his capacity as Director of the Rhode Island Department of Social and Rehabilitative Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 28, 1982.

Attorney(s) appearing for the Case

Barry Best, Providence, R. I., with whom James H. Hardy, Rhode Island Legal Services, Providence, R. I., was on supplemental memorandum in support of motion for injunction pending appeal, for plaintiffs, appellants.

Robert J. Fallon, Chief Legal Counsel, Dept. of Social and Rehabilitative Services, Cranston, R. I., with whom Dennis J. Roberts, II, Atty. Gen., and Brian Van Couyghen, Sp. Asst. Atty. Gen., Providence, R. I., were on memorandum of law in opposition to motion for injunction pending appeal, for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs are Rhode Island Medicaid recipients who have brought procedural challenges to certain cuts in benefits made by the state of Rhode Island following a reduction in federal funds. The district court granted a preliminary injunction with respect to reductions not here at issue,1 but it denied such relief with respect to cuts in ambulance, optometry, and podiatry services,2

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