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POTTER v. JAMES

Civ. A. No. 80-154-N.

499 F.Supp. 607 (1980)

Patrice POTTER et al., Plaintiffs, v. Fob JAMES et al., Defendants.

United States District Court, M. D. Alabama, N. D.

September 30, 1980.

Attorney(s) appearing for the Case

Lawrence F. Gardella, Micki B. Stiller, Legal Services Corp. of Ala., Montgomery, Ala., and Charles G. Spradling, Jr., Legal Services of North-Central Alabama, Huntsville, Ala., for plaintiffs Potter, Cheesebrew, Lacey etc., William Tellis and Judie Jones and Jessie Williams.

Barry E. Teague, U. S. Atty., Kenneth Vines, Asst. U. S. Atty., Montgomery, Ala., for Federal plaintiffs Harris and Smyth.

Marie Y. Janiewski, National Senior Citizens Law Center, Los Angeles, Cal., for amicus.

Ira DeMent, Special Counsel to Gov. James, Charles A. Graddick, Atty. Gen., Elizabeth N. Petree, Asst. Atty. Gen., Montgomery, Ala., for defendant James.

Herman H. Hamilton, Jr., Sp. Asst. Atty. Gen., Shapard D. Ashley, Counsel, Montgomery, Ala., for defendant Kerns.

MEMORANDUM OPINION

HOBBS, District Judge.

In the 1980 Regular Session, The Alabama Legislature passed Act No. 80-126 and Act No. 80-155 which apply to Medicaid recipients. A class action was filed in this cause on behalf of all individuals in the State of Alabama who are eligible for Medicaid benefits seeking declaratory and injunctive relief with respect to implementation of said Acts. Plaintiffs allege that these Acts violate the Social Security Act of...

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