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HARRIS v. LUKHARD

No. 82-1703.

733 F.2d 1075 (1984)

Carrie P. HARRIS and James F. Goldsby, on behalf of themselves and all others similarly situated; and Pansy Adams, Appellants, v. William L. LUKHARD, individually and as Commissioner of the Virginia Department of Welfare; James B. Kenley, individually and as Commissioner of the Virginia Department of Health; Robert J. Treibley, individually and as Acting Director of the Virginia Medical Assistance Program; Bill R. Baker, A. Martin Cader, M.D., Ann E. Cook, Grafton B. Daniel, M.D., Kathleen D. Hopkins, Evonne Knauff, Susan C. Oertel, individually and as members of the Virginia Medical Assistance Program Appeals Board; Leighton B. Langford, Jr., individually and as Director of the Bedford County Department of Social Services; and Ruth J. Jones, individually and as Director of the Prince Edward County Department of Social Services, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 2, 1984.

Attorney(s) appearing for the Case

J. Barrett Jones, Lynchburg, Va. (Jill A. Hanken, Virginia Poverty Law Center, Richmond, Va., Martin Wegbreit, Castlewood, Va., Client Centered Legal Services of Southwest Virginia, on brief), for appellants.

Robert T. Adams, Asst. Atty. Gen., Richmond, Va. (John A. Rupp, Senior Asst. Atty. Gen., Richmond, Va., Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for appellees.

Before WINTER, Chief Circuit Judge, RUSSELL, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

Three named plaintiffs, one now deceased, brought a class action against several Virginia state and other officials. Mrs. Adams was permitted to intervene as a plaintiff. Plaintiffs had been denied eligibility for Medicaid benefits because they owned real estate exceeding specified values. They challenged procedures used by defendants (hereafter the agency) to evaluate real property resources and plaintiffs sought injunctive and declaratory...

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