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SANDEFUR v. CHERRY

No. 82-3564.

721 F.2d 511 (1983)

James D. SANDEFUR, O.D. and W.E. Marionneaux, Jr., O.D., Plaintiffs-Appellants, v. William A. CHERRY, M.D., Secretary of the Louisiana Department of Health and Human Resources, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 19, 1983.

Attorney(s) appearing for the Case

Henry B. Bruser, III, Robert G. Nida, Alexandria, La., for plaintiffs-appellants.

Charles E. Daspit, Dept. of Health & Human Resources, Baton Rouge, La., for defendants-appellees.

Before RUBIN and JOLLY, Circuit Judges, and PUTNAM, District Judge.

ALVIN B. RUBIN, Circuit Judge:

In our original opinion in this case, we proposed to certify the following question to the Louisiana Supreme Court:

TO THE SUPREME COURT OF LOUISIANA AND THE HONORABLE JUSTICES THEREOF: Does the state Medicaid plan, by permitting reimbursement to opthalmologists for medically necessary treatment but limiting reimbursement to optometrists to eyeglasses or contact lenses for cataract surgery patients, violate the "freedom...

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