OLSON v. NORMAN

Nos. 86-2027, 86-2079 and 87-1176.

830 F.2d 811 (1987)

Diane OLSON; Lorrie Greene, by her legal guardians, Michael and Jacquolyn Wright; and Jennifer Kay Bechen, individually and on behalf of all other similarly situated, Plaintiffs-Appellees, v. Nancy A. NORMAN, Commissioner, Iowa Department of Human Services, Defendant-Appellant, v. Otis R. BOWEN, Secretary, United States Department of Health and Human Services, Third Party Defendant-Appellant. Diane OLSON; Lorrie Greene, by her legal guardians, Michael and Jacquolyn Wright; and Jennifer Kay Bechen, individually and on behalf of all other similarly situated, Plaintiffs-Appellees, v. Nancy A. NORMAN, Commissioner, Iowa Department of Human Services, Defendant-Appellee, v. Otis R. BOWEN, Secretary, United States Department of Health and Human Services, Third Party Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 15, 1987.


Attorney(s) appearing for the Case

Kristi A. Schmidt, Dept. of Health & Human Services, Kansas City, Mo., for H.H.S.

Daniel W. Hart, Asst. Atty. Gen., Des Moines, Iowa, for the State.

Christine Whittaker, Washington, D.C., for the Dept. of Justice.

Martin Ozga, Des Moines, Iowa, for plaintiffs-appellees Olson, et al.

Before McMILLIAN, JOHN R. GIBSON, Circuit Judges, and MURPHY, District Judge.


DIANA E. MURPHY, District Judge.

The Secretary of the United States Department of Health and Human Services (the Secretary) and the Commissioner of the Iowa Department of Human Services (the Commissioner) appeal from orders of the district court granting summary judgment and a permanent injunction to the plaintiff class.1 Olson v. Reagen, 631 F.Supp. 154 (S.D.Iowa 1986), as amended

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