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HARRIS v. LUKHARD

Civ. A. No. 80-0162(L).

547 F.Supp. 1015 (1982)

Carrie P. HARRIS, et al., Plaintiffs, v. William L. LUKHARD, et al., Defendants.

United States District Court, W. D. Virginia, Lynchburg Division.

June 29, 1982.

Attorney(s) appearing for the Case

J. Barrett Jones, Virginia Legal Aid Society, Inc., Lynchburg, Va., Jill Hanken, Poverty Law Center, Richmond, Va., Martin Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Va., for plaintiffs.

J. G. Overstreet, Bedford, Va., for defendant Langford.

John H. Rupp, Robert Adams, Asst. Atty. Gen., Richmond, Va., for Com. of Virginia defendants.

William F. Watkins, Jr., Farmville, Va., for defendant Ruth J. Jones.

Jane D. Hickey, Sp. Asst. Atty. Gen., Lynchburg Regional Office, Dept. of Welfare, Lynchburg, Va., for State defendants.

OPINION

TURK, Chief Judge.

An individual who owns too much real property cannot qualify for Medicaid benefits. The Commonwealth of Virginia uses certain standards to determine the amount and the value of a Medicaid applicant's real property. Four plaintiffs filed this action to challenge these standards on the grounds that the Commonwealth's regulations violate Title XIX of the Social Security Act, the due process and equal protection clauses of the fourteenth...

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