BABBITT v. STATE OF MICH.

No. 4:91-cv-56.

778 F.Supp. 941 (1991)

Christine BABBITT, on behalf of herself and as next friend of her minor children; Kimberly Campbell, on behalf of herself and as next friend of her minor children; Sharon McMurphy, on behalf of herself and her minor child; Cornelia Sims; Karyl Edwards; and Michigan Welfare Rights Organization, each on behalf of a class of similarly situated persons, Plaintiffs, v. STATE OF MICHIGAN, through its DEPARTMENT OF SOCIAL SERVICES; Gerald Miller, in his official capacity as Director of the Michigan Department of Social Services; and Eileen Ellis, in her official capacity as Acting Director of the Medical Services Administration of the Michigan Department of Social Services, Defendants.

United States District Court, W.D. Michigan.

October 30, 1991.


Attorney(s) appearing for the Case

Michael O. Nelson, Legal Aid of Western Michigan, Grand Rapids, Mich., Kathleen A. Gmeiner, Susan K. McParland, Marilyn T. Mullane, Michigan Legal Services, Detroit, Mich., for plaintiffs.

Kathleen A. Gmeiner, Susan K. McParland, Marilyn T. Mullane, Michigan Legal Services, Detroit, Mich., Mary Ellen Drolet, Berrien Cnty. Legal Svcs. Bureau, Inc., St. Joseph, Mich., for Sims.

Kathleen A. Gmeiner, Susan K. McParland, Marilyn T. Mullane, Michigan Legal Services, Detroit, Mich., for Edwards.

Susan A. Harris, Asst. Atty. Gen., Stephen H. Garrard, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Corrections Div., Detroit, Mich., William R. Morris, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Lansing, Mich., for defendants.


OPINION

ENSLEN, District Judge.

This case is before the Court on two motions: 1) defendants' May 6, 1991 motion for dismissal, or in the alternative, for summary judgment; and 2) plaintiffs' motion for designation as a class action.1 Plaintiffs are proposed representatives of three classes and one subclass of medicare and medicaid beneficiaries in the State of Michigan: all persons in the State of Michigan who are medicaid recipients...

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