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FULKERSON v. COM'R, MAINE DEPT. OF HUMAN SERVICES

Civ. No. 92-238-P.

802 F.Supp. 529 (1992)

Vicki FULKERSON, et al., Plaintiffs, v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, Defendant.

United States District Court, D. Maine.

August 13, 1992.

Attorney(s) appearing for the Case

Jack Comart, Augusta, Me., for plaintiffs.

Sue Jerome, Asst. Atty. Gen., Augusta, Me., for defendant.

MEMORANDUM DECISION ON DEFENDANT'S MOTION TO DISMISS COUNTS V AND VIII AND ON CROSS-MOTIONS FOR PARTIAL JUDGMENT ON A STIPULATED RECORD1

DAVID M. COHEN, United States Magistrate Judge.

In its present posture, this class action raises the question whether final agency rules of the Maine Department of Human Services ("Department" or "DHS") requiring recipients of Medicaid to co-pay for certain medical services violate federal law...

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