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MORRIS BY SIMPSON v. MORROW

Nos. 85-1098(L), 85-1358.

783 F.2d 454 (1986)

Mamie B. MORRIS, by her guardian ad litem, Rosa M. SIMPSON; Lucy R. Dellinger, by her guardian ad litem, Arah L. Rozzelle (6-21-84); Pearl S. Cordell, by her guardian ad litem, Bill D. Cordell (6-21-84), Appellees, v. Sarah MORROW, individually & in her official capacity as Secretary of the North Carolina Department of Human Resources; Barbara D. Matula, individually & in her official capacity as Director of the Division of Medical Assistance of the N.C. Department of Human Resources, Appellants, and Margaret Heckler, Sec. of H & H; Richard L. Morris, Associate Regional Adm., H & H; James J. Pirkle, Acting Regional Adm., H & H Services, Defendants. Secretary of Health and Human Services, Amicus Curiae. Mamie B. MORRIS, by her guardian ad litem, Rosa M. SIMPSON; Lucy R. Dellinger, by her guardian ad litem, Arah L. Rozzelle (6-21-84); Pearl S. Cordell, by her guardian ad litem, Bill D. Cordell (6-21-84), Appellees, v. Sarah MORROW, individually & in her official capacity as Secretary of the North Carolina Department of Human Resources; Barbara D. Matula, individually & in her official capacity as Director of the Division of Medical Assistance of the N.C. Department of Human Resources, Appellants, and Margaret Heckler, Sec. of H & H; Richard L. Morris, Associate Regional Adm., H & H; James J. Pirkle, Acting Regional Adm., H & H Services, Defendants. Secretary of Health and Human Services, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1986.

Rehearing and Rehearing Denied February 28, 1986.

Attorney(s) appearing for the Case

Steven Mansfield Shaber, Asst. Atty. Gen., and Cathy J. Rosenthal, Associate Atty. Gen., Raleigh, N.C. (Lacy H. Thornburg, Atty. Gen. of N.C., Raleigh, N.C., on brief), for appellants.

Charles E. Johnson, Moore, Van Allen, Allen & Thigpen, and Pam Silberman, Charlotte, N.C. (N.C. Legal Services Resource Center, Inc., on brief), for appellees.

Richard K. Willard, Washington, D.C., Charles R. Brewer, U.S. Atty., Asheville, N.C., David R. Smith, on brief, for amici curiae.

Before RUSSELL and SNEEDEN, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Rehearing and Rehearing In Banc Denied in No. 85-1098 February 28, 1986.

TERRENCE WILLIAM BOYLE, District Judge:

This is an appeal from a judgment by the United States District Court for the Western District of North Carolina in a class action brought by Medicaid recipients against the Secretary of the North Carolina Department of Human Resources and the Director of the Division of Medical Assistance of the North Carolina Department of Human Resources challenging...

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