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PHILLIPS v. NOOT

Nos. 83-1366, 83-1367 and 83-1393.

728 F.2d 1175 (1984)

Shirley PHILLIPS, on behalf of herself and her minor children and others similarly situated, Appellees, v. Arthur E. NOOT, in his official capacity as Commissioner of the Minnesota Department of Public Welfare, and Ramsey County Community Human Services Board, v. Richard S. SCHWEIKER, in his official capacity as Secretary, United States Department of Health and Human Services, Appellant. Shirley PHILLIPS, on behalf of herself and her minor children and others similarly situated, Appellees, v. Arthur E. NOOT, in his official capacity as Commissioner of the Minnesota Department of Public Welfare, and Ramsey County Community Human Services Board, Appellants, v. Richard S. SCHWEIKER, in his official capacity as Secretary, United States Department of Health and Human Services. Shirley PHILLIPS, on behalf of herself and her minor children and others similarly situated, Appellants, v. Arthur E. NOOT, in his official capacity as Commissioner of the Minnesota Department of Public Welfare, and Ramsey County Community Human Services Board, Appellees, v. Richard S. SCHWEIKER, in his official capacity as Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minn. by Beverly Jones Heydinger, Sp. Asst. Atty. Gen., St. Paul, Minn., for Noot [Levine].

David R. Smith, Dept. of Health and Human Services, Washington, D.C., for Schweiker [Heckler]; Juan A. del Real, Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, Robert P. Jaye, Deputy Asst. Gen. Counsel, Dept. of Health and Human Services, of counsel.

Michael Hagedorn, Southern Minn. Regional Legal Services, Inc., Saint Paul, Minn., for Phillips et al.; Michael Parks, Nat. Health Law Program, Inc., Los Angeles, Cal., of counsel.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

HENLEY, Senior Circuit Judge.

This class action presents questions as to when and how Medicaid benefits received by the plaintiffs may be terminated by the defendants. The plaintiffs are all Minnesota residents whose Aid to Families with Dependent Children (AFDC) and Medicaid benefits have been terminated because of the enactment of 42 U.S.C. § 602(a)(8)(B)(ii)(II). The defendants are the Commissioner of the Minnesota Department of Public Welfare, the Ramsey...

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