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MATTINGLY BY MATTINGLY v. HECKLER

No. 85-1205.

784 F.2d 258 (1986)

James R. MATTINGLY, by his next friend, Mary Ann MATTINGLY, and Mary Ann Mattingly, Leroy Jones and Mary Jones, Plaintiffs-Appellants, v. Margaret HECKLER, in her official capacity as Secretary of Health and Human Services, and Donald Blinzinger, in his official capacity as Administrator of the Indiana Department of Public Welfare, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 1986.

Attorney(s) appearing for the Case

William R. Leahy, Legal Services Organization, Indianapolis, Ind., for plaintiffs-appellants.

Gary L. Shaw, Office of Atty. Gen., Indianapolis, Ind., Daniel E. Bensing, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before CUDAHY, ESCHBACH and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

Plaintiffs-appellants, James R. and Mary Ann Mattingly and Leroy and Mary Jones, appeal the judgment of the district court finding that the maintenance allowance established by the State of Indiana Department of Public Welfare ("IDPW") for a dependant spouse of an institutionalized Medicaid recipient is not in violation of 42 U.S.C. § 1396a(a)(17) nor the Fifth and Fourteenth Amendments of the United States Constitution. We affirm.

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