GRANADOS v. REIVITZ

No. 84-3106.

776 F.2d 180 (1985)

Virginia GRANADOS, Personal Representative of the Estate of Joseph Gruber, individually and on Behalf of all others similarly situated, Plaintiff-Appellant, v. Linda REIVITZ, individually and as Secretary of the Wisconsin Department of Health and Social Services, and Donald E. Percy, individually and as former Secretary of the Wisconsin Department of Health and Social Services, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1985.


Attorney(s) appearing for the Case

Robert G. Dowling, Shniedman, Myers, Dowling, Blumenfield & Albert, Milwaukee, Wis., for plaintiff-appellant.

Donald P. Johns, Wis. Dept. of Justice, Madison, Wis., for defendants-appellees.

Before CUMMINGS, Chief Judge, EASTERBROOK, Circuit Judge, and WRIGHT, Senior Circuit Judge.


EUGENE A. WRIGHT, Senior Circuit Judge.

The most challenging questions in this social security eligibility dispute center around our jurisdiction. Although questions of mootness and class representation also surfaced at oral argument, we find that the eleventh amendment prohibits this class action.

FACTS

Medicaid, under Title XIX of the Social Security Act, establishes two eligibility groups for medical assistance: categorically needy and...

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