LEWIS v. HEGSTROM

No. 84-3679.

767 F.2d 1371 (1985)

Harry LEWIS and the Portland Gray Panthers, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Leo T. HEGSTROM, individually and in his capacity as Director of the Department of Human Resources of the State of Oregon; Keith Putman, individually and in his capacity as Administrator of the Adult and Family Services Division of the State of Oregon, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted February 19, 1985.

Decided August 8, 1985.


Attorney(s) appearing for the Case

Michael H. Marcus, Portland, Or., for plaintiffs-appellees.

Robert W. Muir, Asst. Atty. Gen., Salem, Or., for defendants-appellants.

Before GOODWIN, SKOPIL and WIGGINS, Circuit Judges.


WIGGINS, Circuit Judge:

This class action civil rights suit involves the proper computation of the period of ineligibility for Medicaid applicants in the state of Oregon who transfer their home for less than fair market value within two years of applying for Medicaid assistance. The sole issue before this court is whether proposed Or.Admin.R. 461-04-070(6)(e), which defines the period of ineligibility for such applicants, is invalid under the Supremacy Clause on the...

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