SHONKWILER v. HECKLER

No. IP 84-1612-C.

628 F.Supp. 1013 (1985)

Mikel SHONKWILER, on behalf of himself and all others similarly situated, James L. Shonkwiler, by and through his next friend, Brenda Shonkwiler, Juan Spurlin, by and through his next friend Donna Morris, Angela Hammond and Daniel Perry, by and through their next friend Joyce Perry All on behalf of themselves and all others similarly situated v. Margaret HECKLER, in her official capacity as Secretary of the United States Department of Health and Human Services and Donald L. Blinzinger, in his official capacity as Administrator of the Indiana State Department of Public Welfare.

United States District Court, S.D. Indiana, Indianapolis Division.

January 31, 1985.


Attorney(s) appearing for the Case

David J. Dreyer, of Legal Services Organization of Indiana, Inc., Indianapolis, Ind., for plaintiffs.

Ann Weismann, of Civ. Div., Dept. of Justice, Washington, D.C., and Carolyn Small, Asst. U.S. Atty., Indianapolis, Ind., for federal defendant.

Gary Shaw, Deputy Atty. Gen., Indianapolis, Ind., for state defendant.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

STECKLER, District Judge.

This matter comes before the Court on plaintiffs' application for preliminary injunction. The Court having considered plaintiffs' motion and the briefs of the parties, having heard additional evidence at a hearing conducted on January 15, 1985, and being duly advised in the premises makes the following findings of fact and conclusions of law.

Findings of Fact

1. Margaret...

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