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STEWART v. BERNSTEIN

No. 84-2352.

769 F.2d 1088 (1985)

Stella Beatrice STEWART, Plaintiff-Appellant, v. Robert BERNSTEIN, in his official capacity as Commissioner of the Texas Health Department, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 3, 1985.

Attorney(s) appearing for the Case

East Texas Legal Services, Brenda Gale Willett, Nacogdoches, Tex., for plaintiff-appellant.

Bob Wortham, U.S. Atty., Beaumont, Tex., Steven M. Mason, Tyler, Tex., for Heckler.

Michael H. Patterson, San Antonio, Tex., Jim Mattox, Atty. Gen., Austin, Tex., for Bernstein, et al.

Stephen Greenberg, Sheila Asher, Austin, Tex., for Vaughn, et al.

Before GOLDBERG, TATE and JOLLY, Circuit Judges.

GOLDBERG, Circuit Judge:

Appellant Stella Stewart is a Medicaid recipient who, from May of 1979 to November of 1980, resided at the Kilgore Nursing Center (KNC), a private nursing home located in Texas. On November 18, 1980, the administrator of KNC, Steve Vaughn, notified appellant by letter that she would have to leave the facility within three days. Ms. Stewart maintains that on the third day, she was involuntarily taken from the Center and deposited at the Henderson...

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