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MITSON BY AND THROUGH JONES v. COLER

No. 87-12020-Civ.

670 F.Supp. 1568 (1987)

Rebecca MITSON, By and Through her next friend, Marilyn JONES, individually, and on behalf of all others similarly situated, et al., Plaintiffs, v. Gregory L. COLER, in his official capacity as Secretary of the Department of Health and Rehabilitative Services, and V. Sheffield Kenyon, in his official capacity as Program Staff Director of Economic Services, Department of Health and Rehabilitative Services, Defendants. Gregory L. COLER, et al., Third Party Plaintiff, v. Otis R. BOWEN, as Secretary of the United States Department of Health and Human Services, Third Party Defendant.

United States District Court, S.D. Florida.

October 5, 1987.

Attorney(s) appearing for the Case

Christine E. Larson, Helen M.E. Stevens, Fort Myers, Fla., Barbara J. Prager, Legal Aid Service of Broward, Ft. Lauderdale, Fla., for plaintiffs.

James A. Peters, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., Theodore Mack, Asst. Gen. Counsel, Dept. of HRS, Tallahassee, Fla., for defendants.

Gary A. Ratner, Asst. Regional Counsel, Dept. of HHS, Atlanta, Ga., Wendy Jacobus, Asst. U.S. Atty., Miami, Fla., for third party defendant Otis R. Bowen.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

ARONOVITZ, District Judge.

I. Nature of the Case

This action concerns nursing home occupants in Florida seeking on behalf of themselves and others similarly situated to enjoin the Florida Department of Health and Rehabilitative Services (HRS)1 from including as "countable income," in determining their eligibility for Medicaid...

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