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FREW v. JANEK

No. 15-40229.

820 F.3d 715 (2016)

Carla FREW; Charlotte Garvin, as next friend of her minor children Johnny Martinez, Brooklyn Garvin and BreAnna Garvin; Class Members; Nicole Carroll, Class Representative; Maria Ayala, as next friend of her minor children, Christopher Arizola, Leonard Jimenez, and Joseph Veliz; Mary Jane Garza, as next friend of her minor children, Hilary Garza and Sarah Renea Garza, Plaintiffs-Appellants v. M.D. Kyle JANEK; M.D. David L. Lakey, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 28, 2016.

Attorney(s) appearing for the Case

Timothy Borne Garrigan (argued), Stuckey, Garrigan & Castetter Law Offices, Nacogdoches, TX, John Robert Heard , San Antonio, TX, Jane K. Swanson , Austin, TX, for Plaintiff-Appellant.

J. Campbell Barker (argued), Sean Patrick Flammer, Esq. , Deputy Solicitor General, Philip Lionberger , Austin, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, SOUTHWICK, and HIGGINSON, Circuit Judges.

This appeal represents another chapter in the long-running litigation over Texas's administration of the Early and Periodic Screening, Diagnosis, and Treatment program ("EPSDT" or "the Program"). Plaintiffs represent a class of children eligible for the Program. In 1996, they entered into a consent decree...

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