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FRANSSEN v. JURAS

Civ. No. 73-524.

406 F.Supp. 1375 (1975)

Nan FRANSSEN, et al., Plaintiffs Individually and on behalf of all others similarly situated, v. Andrew JURAS, Administrator of the Public Welfare Division of the State of Oregon, and Jacob Tanzer, Director of the Department of Human Resources of the State of Oregon, Defendants.

United States District Court, D. Oregon.

May 5, 1975.

Attorney(s) appearing for the Case

Stanley A. Sitnick, Legal Aid Service, Bonnie Mentzer, Michael Millemann, Legal Aid Service, Multnomah Bar Ass'n, Inc., Portland, Or., for plaintiffs.

Lee Johnson, Atty. Gen., Kathryn V. Kelty, Asst. Atty. Gen., Salem, Or., for defendants.

Before GOODWIN, Circuit Judge, and BURNS and EAST, District Judges.

OPINION

This class action challenges the validity of certain rules the State of Oregon has made concerning Medicaid payments to the sick and the old.1 Under their provisions, welfare recipients who are institutionalized in nursing homes are presumed, for purposes of determining the amount they will receive, to have available the income and resources of their spouses, who are neither institutionalized nor recipients of assistance, regardless...

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