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  5. 906 F.2d 1319 (1990)
 

POTTGIESER v. KIZER

Nos. 88-15762, 89-15052.

906 F.2d 1319 (1990)

Joseph D. POTTGIESER, as Administrator of the Estate of Cecilia Pottgieser, deceased, and others similarly situated, Plaintiff-Appellee, v. Kenneth KIZER, Director of the California Department of Health Services, Defendant-Appellant. Joseph D. POTTGIESER, as Administrator of the Estate of Cecilia Pottgieser, deceased, and others similarly situated, Plaintiff-Appellee, v. Kenneth KIZER, Director of the California Department of Health Services, Defendant, and Louis W. Sullivan, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1990.

Attorney(s) appearing for the Case

Edward R. Cohen, Civil Div., U.S. Dept. of Justice, Washington, D.C., and Stephanie Wald and Winifred Y. Smith, Deputy Attys. Gen., San Francisco, Cal., for defendants-appellants.

Brenton Rogozen, Legal Aid Society, San Jose, Cal., for plaintiff-appellee.

Before TANG and BEEZER, Circuit Judges, and STEPHENS, District Judge.

BEEZER, Circuit Judge:

Officials of the state of California and the federal government appeal a grant of summary judgment in favor of plaintiff in this class action, declaring that the state may not collect from an estate the cost of Medicaid insurance premiums paid on behalf of a decedent. We affirm.

I

Cecilia Pottgieser was a recipient of Social Security retirement benefits, Supplemental Security Income...

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