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MAGEE v. U.S.

C.A.No. 98-073-T.

93 F.Supp.2d 161 (2000)

Diane Messere MAGEE, Esquire, and Deborah A. Barclay, Esq., Plaintiffs, v. UNITED STATES of America, Janet Reno, in her official capacity as Attorney General of the United States of America, and Margaret Curran, in her official capacity as Attorney for the United States of America, District of Rhode Island, Defendants.

United States District Court, D. Rhode Island.

May 2, 2000.

Attorney(s) appearing for the Case

Diane Messere Magee, Warren, RI, Deborah A. Barclay, West Warwick, RI, for Plaintiffs.

Thomas E. Caballero, U.S. Dept. of Justice, Washington, DC, for Defendants.

Memorandum and Order

TORRES, Chief Judge.

Attorneys Diane Messere Magee and Deborah A. Barclay (the "Plaintiffs") brought this action to declare unconstitutional and to enjoin enforcement of Section 4734 of the Balanced Budget Act of 1997 (42 U.S.C. § 1320a-7b), which makes it a crime to counsel an individual to dispose of assets in order to become eligible for Medicaid benefits.

The plaintiffs contend that Section 4734 violates their...

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