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WOODRUFF v. LAVINE

No. 73 Civ. 5333.

399 F.Supp. 1008 (1975)

Mary WOODRUFF, Individually and on behalf of her minor child Tina Louise Moore, et al., Plaintiffs, v. Abe LAVINE, Individually and as Commissioner of the New York State Department of Social Services, et al., Defendants.

United States District Court, S. D. New York.

June 4, 1975.

Attorney(s) appearing for the Case

John C. Gray, Jr., Janet L. Benshoof, Brooklyn Legal Services Corp. B, Brooklyn, N. Y., Marttie L. Thompson, Michael A. O'Connor, Community Action for Legal Services, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for defendants Lavine and Ingraham; Amy Juviler, Asst. Atty. Gen., of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendant Dumpson; Gayle S. Redford, Asst. Corp. Counsel, New York City, of counsel.

Richard Nadelman, New York City, for Citizens' Committee for Children, amicus curiae.

Paul J. Curran, U. S. Atty. for the Southern District of New York, John Siffert, Asst. U. S. Atty., Borge K. Varmer, Regional Atty., Region II, Gen. Counsel Dept. of Health, Ed. and Welfare, Galen Powers, Asst. Gen. Counsel, Sarah Willis Wilcox, Atty., Marjorie Silver, Asst. Regional Atty., Washington, D. C., amicus curiae.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs bring this action challenging what they term the failure of New York State and City officials to implement a mandatory, comprehensive preventive health care program, known as Early and Periodic Screening and Diagnosis Treatment ("EPSDT"), for Medicaid-eligible children under twenty-one years of age. They seek a declaratory judgment that the defendants, who...

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