Joseph D. Pottgieser, as Administrator of the Estate of Cecilia Pottgieser, Deceased, and Others Similarly Situated v. Kenneth Kizer, Director of the California Department of Health Services, Joseph D. Pottgieser, as Administrator of the Estate of Cecilia Pottgieser, Deceased, and Others Similarly Situated v. Kenneth Kizer, Director of the California Department of Health Services, and Louis W. Sullivan, Secretary of Health and Human Services

906 F.2d 1319 59 USLW 2019 , 30 Soc.Sec.Rep.Ser. 331, Medicare&Medicaid Gu 38,575 Joseph D. POTTGIESER, as Administrator of the Estate of Cecilia Pottgieser, deceased, and others similarly situated, Plaintiff-Appellee, v. Kenneth KIZER, Director of the California Department of Health Services, Defendant-Appellant. Joseph D. POTTGIESER, as Administrator of the Estate of Cecilia Pottgieser, deceased, and others similarly situated, Plaintiff-Appellee, v. Kenneth KIZER, Director of the California Department of Health Services, Defendant, and Louis W. Sullivan, * Secretary of Health and Human Services, Defendant-Appellant. Nos. 88-15762, 89-15052. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 12, 1990. Decided June 25, 1990. Edward R. Cohen, Civil Div., U.S. Dept. of Justice, Washington, D.C., and Stephanie Wald and Winifred Y. Smith, Deputy Attys. Gen., San Francisco, Cal., for defendants-appellants. Brenton Rogozen, Legal Aid Society, San Jose, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before TANG and BEEZER, Circuit Judges, and STEPHENS, ** District Judge. BEEZER, Circuit Judge:…