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CITIZENS ACTION LEAGUE v. KIZER

No. C-86-1596 SAW.

670 F.Supp. 874 (1987)

CITIZENS ACTION LEAGUE, a Non-Profit Corporation; Angelina Aiello; Myrtle Suntken; Gestner Hodge; and Mary Dunker, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Kenneth KIZER, Director, State Department of Health Services; California Department of Health Services; Otis R. Bowen, Secretary, United States Department of Health and Human Services, Defendants.

United States District Court, N.D. California.

September 29, 1987.

Attorney(s) appearing for the Case

Jane Perkins and Michael Parks, Nat. Health Law Program, Joel R. Reynolds and Bill Lann Lee, Center for Law in the Public Interest, Los Angeles, Cal., Catherine Grant, Community Legal Services, Norwalk, Cal., and Evelyn R. Frank, Legal Aid Soc. of Alameda County, Oakland, Cal., for plaintiffs.

Joseph P. Russoniello, U.S. Atty., George Christopher Stoll, Asst. U.S. Atty., John K. Van de Kamp, Atty. Gen. of State of Cal., and John J. Klee, Jr., Deputy Atty. Gen., San Francisco, Cal., for defendants.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

WEIGEL, District Judge.

Introduction

In this class action, plaintiffs challenge defendant California Department of Health Services' practice of recovering the costs of state health benefits from former joint tenants of deceased recipients. The Department administers the California Medical Assistance Program ("Medi-Cal"), which provides medical services...

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