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LIEGL v. WEBB

No. 545, Docket 85-7117.

802 F.2d 623 (1986)

Catherine LIEGL, on behalf of herself, her minor child Kathleen Liegl, and all others similarly situated, Plaintiff-Appellant, v. Arthur Y. WEBB, as Acting Commissioner of the New York State Department of Social Services, and Fred J. Buscaglia, as Commissioner of the Erie County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Briefs Submitted April 16, 1986.

Decided October 2, 1986.

Attorney(s) appearing for the Case

Rene H. Reixach, Greater Upstate Law Project, Rochester, N.Y. (James Sheldon, Neighborhood Legal Services, Buffalo, N.Y., of counsel), for plaintiff-appellant.

Clifford A. Royael, Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., William J. Kogan, Asst. Sol. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Jaclyn C. Taner, Washington, D.C., (Richard K. Willard, Acting Asst. Atty. Gen., Salvatore R. Martoche, U.S. Atty., Washington, D.C., Ronald E. Robertson, Gen. Counsel, Ann T. Hunsaker, Associate Gen. Counsel, of counsel), as amicus curiae for the Dept. of Health and Human Services.

Before OAKES, KEARSE and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Appeal by Catherine Liegl on behalf of herself, her minor child and all others similarly situated from a judgment by the United States District Court for the Western District of New York, John T. Curtin, Chief Judge, dismissing her complaint after cross motions for summary judgment. Appellant contends that the procedure adopted by the New York State Department of Social Services for determination of eligibility for retroactive Medicaid...

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