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BROGAN v. MILLER

No. 81 C 6539.

537 F.Supp. 139 (1982)

Marie BROGAN, Gladys Allison, Marge Hayes, Conley Fonda, Elizabeth Hansen, Paul Hansen, individually, and on behalf of all other persons similarly situated, Plaintiffs, v. Jeffrey MILLER, Director of the Illinois Department of Public Aid, and the Illinois Department of Public Aid, Defendants-Third Party Plaintiffs, v. Richard S. SCHWEIKER, Secretary, United States Department of Health and Human Services, Wayne A. Stanton, Regional Official, United States Department of Health and Human Services, Carolyne K. Davis, Administrator, Health Care Financing Administration, Martin D. Stanton, Regional Director, Medicaid, Third Party Defendants.

United States District Court, N. D. Illinois, E. D.

March 17, 1982.

Attorney(s) appearing for the Case

Phillip H. Snelling, Legal Assistance Foundation of Chicago, Wendy Meltzer, Mid-South Office, Legal Assistance Foundation, Chicago, Ill., for plaintiffs.

James O'Connell, Barbara Greenspan, Sp. Asst. Attys. Gen., Chicago, Ill., for defendants-third party plaintiffs.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

The plaintiff class of MA-NG (Medical Assistance — No Grant) recipients and applicants in Illinois1 has moved for a preliminary injunction to prevent the defendants, Jeffrey Miller2 and the Illinois Department of Public Aid ("IDPA"), from implementing a Medicaid eligibility rule which provides that those individuals whose income and resources...

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