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CHERRY BY CHERRY v. MAGNANT

No. IP 90-C-1348.

832 F.Supp. 1271 (1993)

Paul CHERRY, by his next friend David CHERRY, and Lorene Newkirk, by her next friend Carl Newkirk, Vivian Spaulding, by her next friend Paul Spaulding, on behalf of themselves and all others similarly situated, Plaintiffs, v. Suzanne MAGNANT, in her official capacity as Administrator of the Indiana Department of Public Welfare, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

September 22, 1993.

Attorney(s) appearing for the Case

Dennis K. Frick, Legal Services Organization of Indiana, Inc., Indianapolis, IN, for plaintiffs.

Gordon E. White, Jr., Office of the Indiana Atty. Gen., Harold R. Bickham, Office of the U.S. Atty., Indianapolis, IN, for defendant.

ENTRY

BARKER, District Judge.

I. BACKGROUND

The plaintiffs in this class action suit represent Indiana residents who have lived in a nursing home since before September 30, 1989, and have been found ineligible for assistance from the Medicaid program because of resources owned by spouses who live at home.1 For example, the most recent class representative, Vivian Spaulding...

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