Idabelle Benton and William Wisebaker v. James A. Rhodes, Governor, State of Ohio, and Raymond McKenna Director, Ohiodepartment of Public Welfare

WEICK, Circuit Judge.

The suits in the District Court were brought by plaintiffs under 28 U.S.C. § 134313), as class actions of all Ohio Medicaid recipients, against James A. Rhodes, the Governor of Ohio, and Raymond McKenna, the Director of the Ohio Department of Public Welfare, iu enjoin the proposed reduction of a number of optional benefits from the state’s medicaid program, and seeking declaratory relief.

The defendants have appealed from an order of the District Court entered on May 11, 1975, which still remains in effect, and which granted plaintiffs’ motion for a preliminary injunction,…