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CUBANSKI v. HECKLER

No. 85-7123.

781 F.2d 1421 (1986)

Stanley CUBANSKI, Director, Department of Health Services State of California, Petitioner, and Donald A. Barrier, Alan Bierman, Lola Bierman, James Jones, Ronald Kwiek, Petitioners-Intervenors, v. Margaret HECKLER, Secretary, Department of Health and Human Services, United States of America, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1986.

As Amended March 6, 1986.

Attorney(s) appearing for the Case

Willie M.J. Curtis, Ralph M. Johnson, San Francisco, Cal., Evelyn R. Frank, Legal Aid Soc. of Alameda Cty., Oakland, Cal., for petitioner.

Brenda F. Kohn, Cade L. Morrow, San Francisco, Cal., for respondent.

Before DUNIWAY and CHOY, Senior Circuit Judges, and FARRIS, Circuit Judge.

DUNIWAY, Senior Circuit Judge:

The California legislature increased the amount of income a medically needy adult couple can keep for non-medical needs and still be eligible to receive Medicaid. The State submitted this amendment of its Medicaid plan to Health and Human Services (HHS) Secretary Heckler, who disapproved it. The California Department of Health Services (the State) and the Legal Aid Society of Alameda County (Intervenors) challenge the Secretary's final...

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