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WESTMILLER BY HUBBARD v. SULLIVAN

Civ. No. 87-1166L.

729 F.Supp. 260 (1990)

Elnora WESTMILLER, by her attorney in fact George A. HUBBARD, and Virginia F. Cranston, as Administrator of the Estate of Virginia A. Cranston, individually, and both on behalf of all other persons similarly situated, Plaintiffs, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services; Cesar Perales, Commissioner, New York State Department of Social Services; W. Burton Richardson, Commissioner, Monroe County Department of Social Services; and Dane R. Sprague, Commissioner, Genesee County Department of Social Services, Defendants.

United States District Court, W.D. New York.

January 2, 1990.

Attorney(s) appearing for the Case

Rene Reixach, Rochester, N.Y., for plaintiffs.

Charles Pilato, Rochester, N.Y., for Louis W. Sullivan.

Eugene Welch, Rochester, N.Y., for Cesar Perales.

James Robinson, Rochester, N.Y., for W. Burton Richardson.

David Metzler, Batavia, N.Y., for Dane R. Sprague.

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

This case, although it turns on this Court's interpretation of a single section buried deep in the vast, labyrinthian Medicaid Act, 42 U.S.C. § 1396 et seq., affects a great many of those citizens receiving Medicaid assistance. Plaintiffs, suing on behalf of themselves and all others similarly situated,2 ask this Court to enjoin the Secretary of the United...

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