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PLANNED PARENTHOOD ASS'N OF UTAH v. DANDOY

No. 86-1880.

810 F.2d 984 (1987)

PLANNED PARENTHOOD ASSOCIATION OF UTAH, Plaintiff-Appellee, v. Suzanne DANDOY, M.D., Executive Director, Utah State Department of Health, in her official capacity, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 1987.

Attorney(s) appearing for the Case

Clark C. Graves, Asst. Atty. Gen. (David L. Wilkinson, Atty. Gen., with him on brief), Logan, Utah, for defendant-appellant.

Wayne McCormack, Salt Lake City, Utah (Jeffrey R. Oritt of Tibbals, Howell, Jones & Moxley, Salt Lake City, Utah, Rachael Pine, Janet Benshoof and Lynn Paltrow of the American Civil Liberties Union Foundation, New York City, with him on brief), for plaintiff-appellee.

Before MOORE, SETH and TACHA, Circuit Judges.

PER CURIAM.

This appeal concerns the expenditure of state and federal funds in the operation of the Medicaid health care program (Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.) in the State of Utah. The defendant is the state official who administers this federally subsidized plan in which Utah has chosen to participate and for which the state provides a percentage of the funds. It is, of course, a broad program to provide basic medical help...

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