Kimberly AUDETTE, on behalf of herself and as next friend of her minor children; Sharon McMurphy, on behalf of herself and her minor children; Betty Keyser; Michigan Welfare Rights Organization, each on behalf of a class of similarly situated persons, Plaintiffs-Appellants,
v.
Louis W. SULLIVAN, Secretary, U.S. Department of Health & Human Services; Gail Wilensky, Administrator, Health Care Financing Administration, Defendants-Appellees.
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; Michigan Welfare Rights Organization, each on behalf of a class of similarly situated persons; Sharon McMurphy, on behalf of herself and her minor child; Cornelia Sims, Plaintiffs-Appellants,
v.
The STATE OF MICHIGAN, through its Department of Social Services; Gerald Miller, in his official capacity as Director of the Michigan Department of Social Services; Eileen Ellis, in her official capacity as Acting Director of the Medical Services Administration of the Michigan Department of Social Services, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued March 23, 1993.
Decided March 2, 1994.
Attorney(s) appearing for the Case
R. Edward Marks, St. Joseph, MI, Marilyn T. Mullane (briefed), Susan K. McParland (argued), Michigan Legal Services, Detroit, MI, Kathleen A. Gmeiner, Robinson & McEwee, Lexington, KY, and Mary Ellen Drolet, Berrien County Legal Services Bureau, St. Joseph, MI, for Kimberly Audette, Sharon McMurphy, Betty Keyser, and Michigan Welfare Rights Organization, plaintiffs-appellants.
Richard Olderman (briefed), Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civ. Div., and Sheila Leiber, and Raymond M. Larizza, U.S. Dept. of Justice, Federal Program Branch, Washington, DC, for Louis W. Sullivan, defendant-appellee.
Richard Olderman, Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Sheila Leiber, Raymond M. Larizza, U.S. Dept. of Justice, Federal Program Branch, and Malcolm L. Stewart (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, for Gail Wilensky, defendant-appellee.
Marilyn T. Mullane (briefed), Susan K. McParland (argued and briefed), Michigan Legal Services, Detroit, MI, Mary Ellen Drolet, Berrien County Legal Services Bureau, St. Joseph, MI, and Michael O. Nelson, Legal Aid of Western Michigan, Grand Rapids, MI, for Christine Babbitt, Kimberly Campbell, Michigan Welfare Rights Organization, and Sharon McMurphy, plaintiffs-appellants.
R. Edward Marks, St. Joseph, MI, Marilyn T. Mullane, Susan K. McParland, Michigan Legal Services, Detroit, MI, Mary Ellen Drolet, Berrien County Legal Services Bureau, St. Joseph, MI, and Michael O. Nelson, Legal Aid of Western Michigan, Grand Rapids, MI, for Cornelia Sims, plaintiff-appellant.
Susan A. Harris, Stephen H. Garrard (argued and briefed), Asst. Attys. Gen., Office of the Atty. Gen. of Michigan, Detroit, MI, and William R. Morris, Office of the Atty. Gen. of Michigan, Lansing, MI, for the State of Mich., through Dept. of Social Services, Gerald Miller, and Eileen Ellis, defendants-appellees.
Richard Olderman (briefed) and Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for the U.S., amicus curiae.
Before: NORRIS and SILER, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.
United States Court of Appeals, Sixth Circuit.
AMENDED OPINION
SILER, Circuit Judge.
Plaintiffs, Christine Babbitt, et al., appeal the district court's decision granting summary judgment in favor of the State of Michigan. Plaintiffs, Kimberly Audette, et al., appeal the district court's judgment that collateral estoppel precluded them from proceeding with their lawsuit. Plaintiffs in both cases are AFDC (Aid to Families with Dependent Children) and Medicaid recipients seeking declaratory and injunctive...
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