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CHERRY BY CHERRY v. SULLIVAN

No. 93-3504.

30 F.3d 73 (1994)

Paul CHERRY, by his next friend David CHERRY; Lorene Newkirk, by her next friend Carl Newkirk, and Vivian Spaulding, by her next friend Paul Spaulding, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Cheryl SULLIVAN, in her official capacity as Secretary of the Family and Social Services Administration of the State of Indiana, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1994.

Attorney(s) appearing for the Case

Dennis K. Frick (argued), Claire E. Lewis, Legal Services Organization of Indiana, Inc., Indianapolis, IN, for plaintiffs-appellants.

Harold R. Bickham, Asst. U.S. Atty., Jon Laramore (argued), Office of Atty. Gen., Gen. Litigation, Indianapolis, IN, for defendant-appellee.

Before CUMMINGS, MANION and ROVNER, Circuit Judges.

CUMMINGS, Circuit Judge.

In May 1990 plaintiffs filed a class action lawsuit seeking declaratory and injunctive relief. Subsequently the district court certified a plaintiff class of "all married Medicaid applicants in the state of Indiana, who have lived in a nursing home since before September 30, 1989, and who have been found ineligible for the Medicaid program because of resources owned by their spouses living at home." The following day the court issued a preliminary...

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