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BROGAN v. MILLER

No. 81 C 6539.

555 F.Supp. 866 (1983)

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.

January 26, 1983.

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 C. O'Connell and Barbara Greenspan, Asst. Attys. Gen., Daniel Murray, Asst. U.S. Atty., Chicago, Ill., for defendants-third party plaintiffs.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiffs in this class action1 sued defendants Jeffrey Miller and the Illinois Department of Public Aid ("IDPA") to prevent the implementation of a Medicaid eligibility rule which provided that individuals whose income and resources exceeded the state eligibility standard for cash assistance must actually incur medical expenses sufficient to bring their net income below the...

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