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MITCHELL v. JOHNSTON

Nos. 82-1245, 82-1363.

701 F.2d 337 (1983)

Stephanie MITCHELL, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Marlin W. JOHNSTON, in his official capacity as Acting Commissioner of the Texas Department of Human Resources, et al., Defendants-Appellants. Stephanie MITCHELL, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and Eddie Mae Benson, Intervenor-Appellant, v. Marlin W. JOHNSTON, in his official capacity as Acting Commissioner of the Texas Department of Human Resources, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 14, 1983.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Ann Clarke Snell, Asst. Atty. Gen., Austin, Tex., for Marlin W. Johnston, et al.

Barbara Hines, Regina L. Rogoff, Austin, Tex., Nancy Elizabeth Ebb, Sara Rosenbaum, Children's Defense Fund, Carol Golubock, Washington, D.C., for Stephanie Mitchell, et al.

Before JOHNSON, WILLIAMS and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

The Social Security Act allows states to voluntarily participate in Medicaid programs that provide federal funding for participating states. In exchange for the federal funds, participating states are required to provide certain minimum mandatory services, one of which is entitled Early and Periodic Screening, Diagnosis and Treatment (EPSDT), a service that provides dental care to the children of qualified Medicaid recipients.

Texas...

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