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LYNCH v. RANK

Nos. 83-2343, 84-1857.

747 F.2d 528 (1984)

Raymon and Joann LYNCH; Charles and Erestine Dauphine; Rose Rosenthal; Sarine Lisberg; Ellen Beezy; Leona H. Allen; William C. Beer; and California Gray Panthers Foundation, Plaintiffs-Appellants, Cross-Appellees, v. Peter RANK, Director of the Department of Health Services of the State of California; Department of Health Services of the State of California; Michael Franchetti, Director of the State of California; Department of Finance of the State of California, Defendants-Appellees, and Margaret Heckler, Secretary of Department of Health and Human Services, Third Party Defendant Appellee-Cross Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1984.

Attorney(s) appearing for the Case

Evelyn R. Frank, Legal Aid Society of Alameda County, Oakland, Cal., Terry B. Friedman, Bet Tzedek Legal Services, Gil Deford, National Senior Citizens Law Center, Byron Gross, Legal Aid Foundation of Los Angeles, Daniel Brzovic, Bet Tzedek Legal Services, Los Angeles, Cal., for plaintiffs-appellants, cross-appellees.

G. Christopher Stoll, Asst. U.S. Atty., Cade Morrow, Asst. Regional Atty., Dept. of Health & Human Services, Catherine M. Van Aken, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before WALLACE, FLETCHER and CANBY, Circuit Judges.

CANBY, Circuit Judge:

Plaintiffs are a class of former recipients of Supplemental Security Income (SSI) who challenge two aspects of California's implementation of the so-called Pickle amendment to the Social Security Act (the Act). The district court granted plaintiffs' request for a preliminary injunction, since made permanent, requiring the California Department of Health Services (DHS) to apply a more liberal standard (the "but for" test) than it had been applying...

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