Legal Opinion

Margaret Dowling and Vernon Cox, on Behalf of Themselves and the Medicaid Class and In-Home Supportive Class v. Gray Davis, Controller of the State of California and Thomas W. Hayes, Treasurer of the State of California Kenneth Kizer, Director of Department of Health Services, State of California Linda McMahon Director of Department of Social Services, State of California and Department of Social Services, State of California, Margaret Dowling, and Service Employees International Union, Local 434, Afl-Cio, Intervenors-Appellants v. Gray Davis, Controller of the State of California and Thomas W. Hayes, Treasurer of the State of California Kenneth Kizer, Director of Department of Health Services, State of California Linda McMahon Director of Department of Social Services, State of California and Department of Social Services, State of California

Court of Appeals for the Ninth Circuit

Decided March 18, 1994No. 92-16393Published

1Opinion of the Court

19 F.3d 445

62 USLW 2639, 44 Soc.Sec.Rep.Ser. 60,

Medicare&Medicaid Guide P 42,171

Margaret DOWLING and Vernon Cox, on behalf of themselves and

the Medicaid Class and In-Home Supportive Class,

Plaintiffs-Appellants,

Gray DAVIS, Controller of the State of California; and

Thomas W. Hayes, Treasurer of the State of California;

Kenneth Kizer, Director of Department of Health Services,

State of California; Linda McMahon, Director of Department

of Social Services, State of California; and Department of

Social Services, State of California, Defendants-Appellees.

Margaret DOWLING, et al., Plaintiffs,

and

Service…