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APPLEYARD v. WALLACE

No. 84-7050.

754 F.2d 955 (1985)

Alma A. APPLEYARD et al., Plaintiffs, Pearl Snyder, as personal representative of Elizabeth J. Beasley, deceased, Virginia Rasch, Jackie Causey, and Ronald Pierce, as personal representative of Elizabeth Grimes, deceased, Plaintiffs-Appellants, v. George C. WALLACE, Governor of the State of Alabama, as "Single State Agency," for Administration of the Alabama Medicaid Program, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 8, 1985.

Attorney(s) appearing for the Case

Clayton Davis, Carol Wallace, Tuscaloosa, Ala., H. Floyd Sherrod, Florence, Ala., Guy M. Hicks, Supervising Atty., ADDAP, Tuscaloosa, Ala., for plaintiffs-appellants.

Robert H. Harris, Terry K. Childers, Montgomery, Ala., for defendants-appellees.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and THORNBERRY, Senior Circuit Judge.

THORNBERRY, Senior Circuit Judge:

The plaintiffs brought suit against the Governor of Alabama and the Commissioner of the Alabama Medicaid Agency, alleging that Alabama's Medicaid level of care admission criteria violated the Federal Social Security Act, the Civil Rights Act, and the equal protection and due process clauses of the constitution. While the action was pending in district court Alabama revised the challenged criteria. The district court subsequently denied...

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