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MAIR v. BARTON

No. 87-4206-R.

705 F.Supp. 520 (1987)

Kevin L. MAIR, on behalf of himself and all others similarly situated, Plaintiffs, v. L. Winston BARTON, in his capacity as Secretary of the Kansas Department of Social and Rehabilitation Services, Defendant.

United States District Court, D. Kansas.

November 17, 1987.

Attorney(s) appearing for the Case

Stephan E. Good, Lowell C. Paul, Legal Aid Society of Topeka, Topeka, Kan., Stephen M. Kirschbaum, Martha L. Ridgway, Wyandotte-Leavenworth Legal Services, Kansas City, Kan., for plaintiffs.

Bruce Roby, Matthew Boddington, Dept. of SRS, David D. Plinsky, Asst. Atty. Gen., John Petersen, Chief Counsel, Office of the Governor, Topeka, Kan., for defendant.

ORDER

ROGERS, District Judge.

This is a class action brought by plaintiff on behalf of himself and all other present and future recipients of medical assistance under the Kansas Medicaid program for whom the drug zidovudine, a/k/a azidothymidine (AZT), currently marketed under the brand name Retrovir, has been prescribed by their physicians. The plaintiffs claim that the defendant's refusal to provide Medicaid coverage for AZT is inconsistent with and in...

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