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BECKWITH v. KIZER

No. 89-15500.

912 F.2d 1139 (1990)

Blane BECKWITH, et al., Plaintiffs-Appellants, v. Kenneth KIZER, Director of California Department of Health Services; California Department of Health Services; Louis Sullivan, M.D., Secretary of U.S. Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1990.

Attorney(s) appearing for the Case

Evelyn R. Frank, Legal Aid Soc. of Alameda County, Oakland, Cal., for plaintiffs-appellants.

Ralph M. Johnson, Deputy Atty. Gen., San Francisco, Cal., for defendant-appellee Kenneth Kizer.

Barbara H. Fisher, Office of Gen. Counsel, Baltimore, Md., Julie E. Billingsley, Dept. of Health and Human Services, Washington, D.C., for defendant-appellee Health & Human Services.

Before SCHROEDER, NELSON and WIGGINS, Circuit Judges.

SCHROEDER, Circuit Judge:

This case arises under provisions of the Federal Social Security Act authorizing federal financial assistance to states participating in the Medicaid Program, a program to fund costs of medical treatment for needy persons. More specifically, the case involves 42 U.S.C. § 1396n(c) which permits participating states, with the approval of the Secretary of the United States Department of Health and Human Services, to provide home care assistance...

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