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ESTATE OF SMITH v. HECKLER

Nos. 83-1442, 83-1466.

747 F.2d 583 (1984)

In re the ESTATE OF Michael Patrick SMITH, et al., Plaintiffs-Appellants, and People of the State of Colorado, et al., Plaintiffs in Intervention-Appellants, v. Margaret HECKLER, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 29, 1984.

Attorney(s) appearing for the Case

Kathleen Mullens, Legal Aid Society of Metropolitan Denver, Denver, Colo. (and John Robert Holland, Denver, Colo., for Medicaid Nursing Home, appellants, with Kristie A. Hansen, Denver, Colo., for State appellants, on the brief).

Shalom Brilliant, Civil Div., Dept. of Justice, Washington, D.C. (with J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., and Lewis K. Wise, Civil Div., Dept. of Justice, Washington, D.C., on the brief) for defendants-appellees.

Glenn W. Merrick, Denver, Colo., for amicus Concerned Friends and Relatives of Nursing Home Residents.

Michael C. Parks and Sylvia Drew Ivie, Nat. Health Law Program, Los Angeles, Cal., and Toby S. Edelman and Patricia B. Nemore, Nat. Senior Citizens Law Center, Washington, D.C., for the amicus Nat. Citizens Coalition for Nursing Home Reform and Gray Panthers of Denver.

Before SETH, and McKAY, Circuit Judges, and CAMPOS, District Judge.

McKAY, Circuit Judge.

Plaintiffs, seeking relief under 42 U.S.C. § 1983 (1982), brought this class action on behalf of medicaid recipients residing in nursing homes in Colorado. They alleged that the Secretary of Health and Human Services (Secretary) has a statutory duty under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396n (1982), commonly known as the Medicaid Act, to develop and implement a...

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