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MOWBRAY v. KOZLOWSKI

Civ. A. No. 89-0014-H.

724 F.Supp. 404 (1989)

Lusby MOWBRAY, Sadie Mowbray, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Bruce U. KOZLOWSKI, individually and in his official capacity as Director of the Virginia Department of Medical Assistance, et al., Defendants.

United States District Court, W.D. Virginia, Harrisonburg Division.

October 25, 1989.

Attorney(s) appearing for the Case

John M.A. DiPippa and John E. Whitfield, Blue Ridge Legal Services, Inc., Harrisonburg, Va., Claire E. Curry, Charlottesville-Albemarle Legal Aid Soc., Charlottesville, Va., Jeanne Finberg, Nat. Sr. Citizens Law Center, Los Angeles, Cal., Margaret T. Schenck, Client Centered Legal Services of Southwest Va., Inc., Castlewood, Va., and James W. Speer, Central Va. Legal Aid Soc., Inc., Richmond, Va., for plaintiffs.

Virginia Manhard, Asst. Atty. Gen., Richmond, Va., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., and David R. Smith, Office of General Counsel, Dept. of Health and Human Services, Washington, D.C., for defendants.

MEMORANDUM OPINION

MICHAEL, District Judge.

Plaintiffs in this case seek a declaration that the Commonwealth of Virginia's Medicaid eligibility guidelines violate Title XIX of the Social Security Act, 42 U.S.C. § 1396, et seq., that the Commonwealth's resource methodologies applied to Qualified Medicare Beneficiaries also violate Title XIX, and that the Virginia Medicaid Eligibility Appeals Board's refusal to consider arguments concerning federal...

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