ROSEN v. TENNESSEE COM'R OF FINANCE AND ADMIN.

Nos. 01-6324, 01-6325 and 01-6521.

288 F.3d 918 (2002)

Michael ROSEN; Barbara Huskey; Emanuel Martin, by his next friend Cheryl Martin; Wanda Campbell; Connie Hoilman; Mark Hughes; Jacob B., by his next friend Martin B.; Jackie Baggett; Brenda Clabo, and Pradie Tibbs, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. TENNESSEE COMMISSIONER OF FINANCE AND ADMINISTRATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 6, 2002.


Attorney(s) appearing for the Case

Russell J. Overby (briefed), Gordon Bonnyman, Jr. (argued and briefed), Michele M. Johnson (briefed), Tennessee Justice Center, Nashville, TN, for Plaintiffs-Appellees.

Linda A. Ross, Asst. Attorney Gen. (briefed), Katherine A. Brown (briefed), Office of the Attorney General, Health Care Div., Nashville, TN, Charles A. Miller (argued and briefed), Robert D. Wick (briefed), Julie L.B. Johnson (briefed), Covington & Berling, Washington, DC, for Defendant-Appellant.

Before: KENNEDY and BOGGS, Circuit Judges; and COFFMAN, District Judge.


OPINION

BOGGS, Circuit Judge.

The Tennessee Commissioner of Finance and Administration ("the state" or "Tennessee") appeals from two orders of the district court issued as part of an ongoing suit challenging the administration of Tennessee's TennCare program. The first order, issued on September 14, 2001 ("the September order"), required the state to take various steps to comply with an earlier agreed order issued...

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