Jose R. E. Martinez v. Elliot L. Richardson, Individually and as the Secretary of the United States Department of Health, Education and Welfare

WILLIAM E. DOYLE, Circuit Judge.

In this action, as originally filed, the plaintiffs, now the appellants, sought in-junctive and other relief against the Secretary of Health, Education and Welfare, together with the Social Security Administrator and the New Mexico Blue Cross. The object of the action was to prevent the defendants-appellees from terminating certain home health care benefits which are provided to the elderly under the Medicare program. 1 Additional relief sought was an injunction against the defendants to prevent their recouping benefits paid while the administrative proceedings…