MALLOY v. EICHLER

Civ. A. No. 85-398 LON.

628 F.Supp. 582 (1986)

Brenda MALLOY and Nereida Gutierrez, on their own behalf and as parents and next friends of Curtis Malloy, Timothy Malloy and William Gutierrez, their minor children, and Carolyn Marsh and Esperanza Rodriguez, as next friends of Sheona Marsh and Jose Rodriguez, their minor grandchildren, and on behalf of all other persons similarly situated, Plaintiffs, v. Thomas EICHLER, in his official capacity as the Secretary of the Delaware Department of Health and Social Services, and Phyllis Hazel, in her official capacity as Director of the Department's Division of Economic Services, and Margaret Heckler, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, D. Delaware.

February 4, 1986.


Attorney(s) appearing for the Case

Anne M. Perillo, (argued), and Brian J. Hartman, of Community Legal Services, Inc., Wilmington, Del., for plaintiffs.

Richmond L. Williams, Dept. of Justice, Wilmington, Del., for defendants Eichler and Hazel.

Sue L. Robinson, U.S. Attys. Office, Wilmington, Del., for defendant Heckler.


LONGOBARDI, District Judge.

Plaintiffs seek a preliminary injunction and conditional class certification on behalf of all Delawareans rendered ineligible for Medicaid assistance by the State's application of section 26401 of the Deficit Reduction Act of 1984 ("DEFRA"), Pub.L. No. 98-369, § 2640, 98 Stat. 494, 1145 (codified at 42 U.S.C. § 602(a)(38), (39)). Section 2640 requires the States to attribute to an applicant for Aid...

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