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DARLING v. BOWEN

Nos. 88-2210, 88-2098.

878 F.2d 1069 (1989)

Marietta DARLING, et al., Appellees, v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services; and the Health Care Financing Administration, Appellants. Marietta DARLING, et al., Appellees, v. Michael REAGEN, Director of the Department of Social Services of the State of Missouri, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1989.

Rehearing and Rehearing Denied September 7, 1989.

Attorney(s) appearing for the Case

Robert Presson, Asst. Atty. Gen., Jefferson City, Mo., for Reagen.

Michael E. Robinson, Dept. of Justice, Washington, D.C., for Bowen & Health Care Financing.

Jeanne Finberg, Los Angeles, Cal., for appellees.

Before WOLLMAN and BEAM, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 7, 1989.

FLOYD R. GIBSON, Senior Circuit Judge.

The issue in this case is the effect of section 12202 of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), 42 U.S.C. § 1383c(b), in which Congress attempted to remove the unintended adverse effects on certain individuals' Medicaid entitlement caused by increases in their disability benefits. Section 12202 provides that disabled widows and...

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