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ESTATE OF KAW v. COM'R, ME. DEPT. OF HUMAN SERV.

No. 91-1396.

951 F.2d 444 (1991)

ESTATE OF Robert KAW, et al., Plaintiffs, Appellants, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant/Third-Party Plaintiff, Appellee, v. Louis W. SULLIVAN, M.D., Secretary, United States Department of Health & Human Services, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 20, 1991.

Attorney(s) appearing for the Case

Jack Comart with whom Pine Tree Legal Assistance, Inc., Augusta, Me., was on brief, for plaintiffs, appellants.

George Eng, Asst. Regional Counsel, Dept. of Health and Human Services, Washington, D.C., for third-party defendant, appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

The question in this case is when the "income (as determined under [42 U.S.C.] § 1382a)" of a "qualified medicare beneficiary" (QMB) exceeds "the official poverty line (as defined by the Office of Management and Budget ...) applicable to a family of the size involved." 42 U.S.C. § 1396d(p).1 Defendant Commissioner of Maine Department of Human Services...

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