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FABULA v. SOLOMON

Civ. No. B-77-1849.

463 F.Supp. 830 (1978)

Julia FABULA Individually and on behalf of all others similarly situated, Plaintiff, and Anna Arnold, by her guardian, Mami Younger, and Mary M. Bruns, and Laura J. Maggitti, Intervening Plaintiffs, v. Dr. Neil SOLOMON, Individually and in his capacity as Secretary of the Department of Health and Mental Hygiene, State of Maryland.

United States District Court, D. Maryland.

November 15, 1978.

Attorney(s) appearing for the Case

Anne K. Pecora, Legal Services to the Elderly, and James J. Lyko, Administrative Law Center, Legal Aid Bureau, Inc., Baltimore, Md., for plaintiffs.

Francis B. Burch, Atty. Gen. of Maryland, and Louise T. Keelty, Asst. Atty. Gen., Baltimore, Md., for defendant.

BLAIR, District Judge.

This action challenges the validity of a Maryland state regulation concerning transfers of assets held by individuals applying for or receiving medical assistance benefits. Plaintiffs assert that the regulation in question conflicts with federal statutes and regulations governing medical assistance, thus violating the supremacy clause of the Constitution, and further assert that the regulation denies them equal protection and due process. The...

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