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LAMORE v. IVES

Nos. 91-1939, 91-1998.

977 F.2d 713 (1992)

Athalie LAMORE, et al., Plaintiffs, Appellants, v. H. Rollin IVES, Commissioner, Maine Department of Human Services, Defendant, Third-Party Plaintiff, Appellee. H. Rollin IVES, Commissioner, Maine Department of Human Services, Defendant, Third-Party Plaintiff, Cross-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, Third-Party Defendant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided October 20, 1992.

Attorney(s) appearing for the Case

Martha A. Grant, Legal Services for the Elderly, Inc., Presque Isle, Me., with whom Jeanne Finberg, Nat. Senior Citizens Law Center, Washington, D.C., was on brief for Athalie Lamore, et al.

George Eng, Asst. Regional Counsel, Dept. of Health and Human Services, Washington, D.C., for Louis W. Sullivan, M.D., Secretary, Dept. of Health and Human Services.

Marina E. Thibeau, Asst. Atty. Gen., Dept. of Human Services, Michael E. Carpenter, Atty. Gen., and Christopher C. Leighton, Deputy Atty. Gen., Augusta, Me., on brief for H. Rollin Ives, Com'r, Maine Dept. of Human Services.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOYLE, U.S. District Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal raises the question whether Veterans Administration Aid and Attendance benefits should be treated as income for purposes of determining the extent of Medicaid allowances an eligible veteran or veteran's survivor can receive under the Home and Community-Based Medicaid Waiver Program.

Plaintiffs-appellants are disabled veterans or dependents of deceased veterans who receive Aid and Attendance benefits from...

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