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ESTATE OF SMITH v. HECKLER

Civ. A. No. 75-M-539.

622 F.Supp. 403 (1985)

In re the ESTATE OF Michael Patrick SMITH, et al., Plaintiffs, and People of the State of Colorado, et al., Plaintiffs-in-Intervention, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, D. Colorado.

August 9, 1985.

Attorney(s) appearing for the Case

Kathleen Mullen, John Robert Holland, Denver, Colo., for plaintiffs.

Maurice Knaizer, Asst. Atty. Gen., Denver, Colo., for plaintiffs-in-intervention.

Shalom Brilliant, U.S. Dept. of Justice, Civ.Div., Washington, D.C., Janis E. Chapman, Asst. U.S. Atty., Denver, Colo., Vicki Shulkin, Office of Gen. Counsel, Dept. of Health and Human Services, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

On April 29, 1985, this court ordered the Secretary of Health and Human Services (the "Secretary") to file a plan of action with the court setting forth the procedures and timetable to be followed in performing the duty required by 42 U.S.C. §§ 1396-1396n as mandated by the Tenth Circuit Court of Appeals in Estate of Smith v. Heckler, 747 F.2d 583 (10th...

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