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ZEIGLER v. KIRSCHNER

No. 1 CA-CV 88-231.

162 Ariz. 77 (1989)

781 P.2d 54

John L. ZEIGLER and Elaine Jenkins, as the next friends of Lois Zeigler, and Gloria Vitale, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Leonard KIRSCHNER, Director of the Arizona Health Care Cost Containment System, in his official capacity, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

October 5, 1989.

Attorney(s) appearing for the Case

Southern Arizona Legal Aid, Inc. by William E. Morris and Pamela A. Liberty, Tucson, for plaintiffs-appellants.

Winston & Strawn by Logan T. Johnston, Karen Gianas Calderon and Cavender Crosby Kimble, Phoenix, for defendant-appellee.

OPINION

HAIRE, Judge, Retired.

Plaintiffs Zeigler, Jenkins and Vitale filed this action, on behalf of themselves and all others similarly situated, against Leonard Kirschner, director of the Arizona Health Care Cost Containment System (AHCCCS) in his official capacity. Their complaint sought certain declaratory and injunctive relief and restitution pursuant to both 42 U.S.C. § 19831 and state law. The director moved to dismiss...

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