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MICHIGAN DEPT. OF SOCIAL SERVICES v. SHALALA

No. 5:92-CV-95.

859 F.Supp. 1113 (1994)

MICHIGAN DEPARTMENT OF SOCIAL SERVICES, individually and as assignee and/or subrogee of Lewis Abernathie, Oneda Abbott, Minnie Ackenbach, Gordon Aalderink, Earnest Adams, Rene Abbott, and Carrie Adolph, et al., a representative group of thousands of individuals who have received, or will receive, Medicaid benefits and may be eligible for Medicare benefits, Plaintiffs, v. Donna SHALALA, Secretary, United States Department of Health and Human Services, Blue Cross and Blue Shield of Michigan, Aetna Insurance Company and Travelers Insurance Company, Defendants.

United States District Court, W.D. Michigan, Southern Division.

June 30, 1994.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., William R. Morris, Asst. Atty. Gen., Lansing, MI, for plaintiffs.

Daniel M. LaVille, Asst. U.S. Atty., Grand Rapids, MI, Lyn S. Crozier, Office of Gen. Counsel, U.S. Dept. of Health & Human Services, Baltimore, MD, for defendants.

MEMORANDUM OPINION

McKEAGUE, District Judge.

This case presents an attempt by the Michigan Department of Social Services ("DSS") to obtain reimbursement of Medicaid benefits paid by it from the Secretary of the Department of Health and Human Services (hereinafter "Secretary" or "HHS"), as administrator of the Medicare program. Through motions for summary judgment, the parties have raised numerous legal issues. The Court heard oral arguments on these motions...

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