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SAVAGE v. TOAN

No. 85-2192.

795 F.2d 643 (1986)

Effie M. SAVAGE, Goldie Sickles, Dora M. Shay, Agnes Pinaire, Vivien C. Krebs, Orville M. Jones, Anna L. Ewing, Esther P. Coleman, Maude Carter, Margaret J. Buck, Joe Avery, Individually and on behalf of all other persons similarly situated, Appellees, v. Barrett TOAN, Individually and as Director of the Missouri Dept. of Social Services; Joseph J. O'Hara, Individually and as Director of the Missouri State Division of Family Services and Appellees, Otis R. Bowen, Secretary of the Dept. of Health & Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1986.

As Amended September 4, 1986.

Rehearing Denied September 5, 1986.

Attorney(s) appearing for the Case

David R. Smith, Washington, D.C., for appellant.

James Marshall Smith, Kansas City, Mo., and Paul Keller, Jefferson City, Mo., for appellees.

Before JOHN R. GIBSON, Circuit Judge, SWYGERT, Senior Circuit Judge, and FAGG, Circuit Judge.

FAGG, Circuit Judge.

The Secretary of the Department of Health & Human Services appeals the district court's decision enjoining the Secretary's application of federal eligibility requirements to Missouri's Medicaid plan. The district court held that the implementation of the federal standards would establish eligibility requirements more restrictive than those the state had in effect on January 1, 1972, in violation of 42 U.S.C. § 1396a(f) (commonly referred...

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