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MITCHELL v. LIPSCOMB

No. 87-2191.

851 F.2d 734 (1988)

Cleo MITCHELL, on her own behalf, and on behalf of her minor children, and all others similarly situated, Plaintiff-Appellee, v. Regina LIPSCOMB, Commissioner of the West Virginia Department of Human Services; William L. Roper, M.D., Administrator, U.S. Health Care Finance Administration; Otis R. Bowen, Secretary, Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1988.

Attorney(s) appearing for the Case

James R. Goeser, Washington, D.C., (Beverly Dennis, III, Chief Counsel, Diane C. Moskal, Asst. Regional Counsel, Office of the General Counsel, Dept. of Health and Human Services, Philadelphia, Pa., Michael W. Carey, U.S. Atty., Gary E. Pullin, Asst. U.S. Atty., Charleston, W. Va. on brief), for defendants-appellants.

John C. Purbaugh (West Virginia Legal Services Plan, Inc., Bruce G. Perrone, Legal Aid Society of Charleston, Charleston, W. Va., on brief), for plaintiff-appellee.

Before CHAPMAN and WILKINS, Circuit Judges, and GORDON, Senior District Judge from the Middle District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

The Secretary of Health and Human Services and the Administrator of its component, the Health Care Finance Administration, appeal the order of the United States District Court for the Southern District of West Virginia granting summary judgment to the plaintiffs in this class action. West Virginia's Medicaid program follows the Secretary's policy interpretation directing the inclusion of siblings and their income in the filing unit when determining...

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