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SILVER v. BAGGIANO

No. 85-7402.

804 F.2d 1211 (1986)

Dr. Morgan SILVER, on his own behalf and on behalf of all other similarly situated podiatrists in the State of Alabama, Plaintiff-Appellee, v. Faye BAGGIANO, Commissioner of the Department of Medicaid, State of Alabama, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 24, 1986.

Attorney(s) appearing for the Case

Henry C. Barnett, Jr., Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for defendant-appellant.

Copeland, Franco, Screws & Gill, E. Terry Brown, Montgomery, Ala., for plaintiff-appellee.

Before TJOFLAT and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

CORRECTED OPINION

ANDERSON, Circuit Judge:

In this action, the plaintiff seeks to have the federal courts determine whether the Commissioner of the Alabama Medicaid Agency has violated state or federal law by denying Medicaid reimbursement to podiatrists for podiatric services while at the same time reimbursing medical doctors for the identical podiatric services. Because the plaintiff cannot bring his claims in federal court, we must vacate the judgment...

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