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HODGES v. SMITH

Civil No. 1:95-CV-1699-ODE.

910 F.Supp. 646 (1995)

Kelvin HODGES and Georgia Advocacy Office, Inc. v. Marjorie P. SMITH, Commissioner, Department of Medical Assistance.

United States District Court, N.D. Georgia, Atlanta Division.

May 16, 1995.

Attorney(s) appearing for the Case

Joan Elaine Risher, Office of Joan Risher, Jonesboro, GA, for Plaintiffs.

Teresa Elizabeth Lazzaroni, Office of State Attorney General, Atlanta, GA, for Defendant.

ORDER

ORINDA D. EVANS, District Judge.

This civil action is before the court on Plaintiffs' motion for a preliminary injunction. Plaintiffs seek to enjoin the cessation of Medicaid payments to cover the cost of Plaintiff Hodges' liquid diet which is administered through a gastrostomy tube.1 At hearings on July 21, August 3, and September 8, 1995, the parties presented witness testimony, affidavits and exhibits and also...

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