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LANKFORD v. SHERMAN

No. 05-3587.

451 F.3d 496 (2006)

Susan Lavon LANKFORD; Rachel Ely; Joseph Everett, by next friend, Jan Everett; Donald Eugene Brown; Laura Lee Greathouse; Kimberly Vogelpohl; Adam Daniel Thomason, Appellants, The National Council on Independent Living; The United States Society for Augmentative and Alternative Communication; The American Language-Hearing Association; The National Disability Rights Network, Amici on Behalf of Appellants, v. Gary SHERMAN, in his official capacity as Director of the Missouri Department of Social Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2006.

Attorney(s) appearing for the Case

Martha J. Perkins, argued, Chapel Hill, North Carolina (Jane Perkins and Sarah Somers, Chapel Hill, North Carolina; Joel Ferber, Ann B. Lever, and Daniel Claggett, Legal Services of Eastern Missouri, St. Louis, Missouri; Michael Finkelstein, Missouri Protection and Advocacy, Jefferson City, Missouri; Thomas E. Kennedy, III and Deborah S. Greider, Alton, Illinois; Rochelle Bobroff and Dorothy Siemon, AARP Foundation Litigation, Washington, D.C.; Henry A. Freedman, Marc Cohan, Petra T. Tasheff, Cary L. LaCheen, and Brooke Richie, New York, New York; Michael Ferry, Gateway Legal Services, Inc., St. Louis, Missouri; Sidney D. Watson and John J. Ammann, St. Louis University School of Law, St. Louis, Missouri; Lewis Golinker, Ithaca, New York; Ed King and Eugene Coffey, National Senior Citizens Law Center, Washington, D.C., on the brief), for appellant.

Gary L. Gardner, Asst. Atty. Gen., argued, Jefferson City, Missouri, for appellee.

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Plaintiffs — disabled adult Medicaid recipients — seek a preliminary injunction prohibiting Missouri's Director of Social Services from enforcing a state regulation curtailing the provision of durable medical equipment ("DME") to most categorically-needy Medicaid recipients. See Mo.Code Regs. Ann. tit. 13, § 70-60.010 (2005). Invoking 42 U.S.C. § 1983 and the Supremacy Clause, U.S. Const. Art. VI, cl. 2, they allege...

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