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HIMES v. SHALALA

No. 1384, Docket 92-6295.

999 F.2d 684 (1993)

Craig HIMES; Kenneth Holz, by his Power of Attorney, Bernice Holz; Bernice Holz; Delores Scott; Willie Brown, Jr., by his parent and next friend Mollie Brown; Mollie Brown; Ryan Trudsoe, by his parent and next friend, Deanna Bennett; Deanna Bennett; Dolores Bragg, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of the United States Department of Health and Human Services, in her official capacity; Mary Jo Bane, individually and in her official capacity as Commissioner of the New York State Department of Social Services; W. Burton Richardson, Director of the Monroe County Department of Social Services; Karen Schimke, Commissioner of the Erie County Department of Social Services; Rita B. Otterbein, Commissioner of the Wayne County Department of Social Services; Joseph P. Menaldino, Commissioner of the Warren County Department of Social Services; Ruth A. Brandwein, Ph.D., Director of the Suffolk County Department of Social Services, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 28, 1993.

Attorney(s) appearing for the Case

David Pels, Southern Tier Legal Services, Bath, NY (Ellen M. Yacknin, Greater Upstate Law Project, Rochester, NY, of counsel) for plaintiff-appellant.

Judith L. Pearlstein, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, New York City (Beverly Dennis III, Acting Gen. Counsel, Annette H. Blum, Chief Counsel, of counsel) for defendant-appellee Donna E. Shalala.

Denise A. Hartman, Asst. Atty. Gen., Albany, NY (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Wayne L. Benjamin, Asst. Atty. Gen., of counsel) for defendant-appellee Mary Jo Bane.

Before KEARSE and ALTIMARI, Circuit Judges, and ROBERT W. SWEET, Senior District Judge of the United States District Court for the Southern District of New York, sitting by designation.

ALTIMARI, Circuit Judge:

Plaintiffs-appellants, Medicaid applicants or recipients suing on behalf of themselves and all similarly situated persons, appeal from a judgment entered in the United States District Court for the Western District of New York (Larimer, Judge) granting defendants-appellees' motion for summary judgment and denying plaintiffs-appellants' cross-motion for summary judgment. Plaintiffs-appellants brought a class action challenging the recent...

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