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TURNER v. HECKLER

No. 84-3108.

783 F.2d 657 (1986)

Lucinda TURNER; Asberry Turner; Dorothy Willoweit; Herbert Willoweit; Fanny Finke; Matthew Finke; Inez Shupert; John Shupert; Zelma Brooks; Roy Brooks; Gladys Tharp; and Harlan Tharp, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Margaret HECKLER; United States Department of Health and Human Services; John Cuddy; Ohio Department of Public Welfare; Montgomery County Welfare Department; Mary Harris; Clarke County Welfare Department; and Ronald Rockwell, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1986.

Attorney(s) appearing for the Case

Gerald F. Kaminski, Asst. U.S. Atty., Dayton, Ohio, David Ruvane Smith argued, Washington, D.C., for defendants-appellants.

Michael Shuey, Dayton, Ohio, Sheila P. Cooley, Columbus, Ohio, Jeri J. Simmons argued, Dayton, Ohio, Janet Pecquet, Gregory S. French, Pro Seniors, Inc., Cincinnati, Ohio, for plaintiffs-appellees.

Before KRUPANSKY and MILBURN, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

The Defendant Secretary of Health and Human Services (Secretary) appeals from a judgment of the district court granting Plaintiffs' request for a preliminary injunction and ordering the Secretary to financially participate in all medicaid benefit payments made to eligible nursing home residents by the Defendant Ohio Department of Public Welfare (ODPW) under an interim settlement agreement executed by the Plaintiffs and the ODPW...

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