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DOWLING v. DAVIS

No. CIV S-90-0866 DFL.

840 F.Supp. 731 (1992)

Margaret DOWLING and Vernon Cox, on behalf of themselves and all others similarly situated, Plaintiffs, v. Gray DAVIS, Controller of the State of California, et al., Defendants, Service Employees International Union Local 434, AFL-CIO, et al., Plaintiff-Intervenors.

United States District Court, E.D. California.

July 29, 1992.

Attorney(s) appearing for the Case

Lynn S. Carman, Bay Area Legal Foundation, Richard G. McCracken, Davis, Cowell and Bowe, San Francisco, CA, Craig Becker, University of CA at Los Angeles, J. Mark Waxman, Weissburg and Aronson, Los Angeles, CA, for plaintiffs.

Robert D. Shuman, Shelley Mydans, CA State Atty. Gen., Asst. Deputy Atty. Gen., Edmund Brehl, CA Dept. of Personnel Admin., Sacramento, CA, for defendants.

MEMORANDUM OF DECISION AND ORDER

LEVI, District Judge.

Plaintiffs filed this case in July 1990 during the budget lapse of that year. The complaint alleges that defendants' refusal to pay claims by Medi-Cal and In-Home Supportive Services providers and suppliers, because of the lack of a budget, violates due process and federal statutory provisions governing medicaid and In-Home Supportive Services (IHSS). This case was originally assigned to visiting Judge...

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