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PEREIRA BY PEREIRA v. KOZLOWSKI

No. 92-2529.

996 F.2d 723 (1993)

Natalia PEREIRA, By Her Next Friends, Carlos and Lourdes PEREIRA, Plaintiff-Appellee, and The Children's Transplant Association, Plaintiff, v. Bruce U. KOZLOWSKI, Director of the Department of Medical Assistance Services of the State of Virginia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Pamela Malone Reed, Asst. Atty. Gen., Richmond, VA, argued (Stephen D. Rosenthal, Acting Atty. Gen. of Va., Roger L. Chaffe, Senior Asst. Atty. Gen., on the brief), for defendant-appellant.

E. Clarke Dummit, American Law Offices, P.C., Winston-Salem, NC, argued, for plaintiff-appellee.

Before PHILLIPS, HAMILTON, and LUTTIG, Circuit Judges.

OPINION

LUTTIG, Circuit Judge:

Through her parents as next friends, a three-year old child with terminal cardiac dysfunction brought suit seeking to compel the Virginia Department of Medical Services, which administers the Virginia Medicaid Program, to pay for a medically necessary heart transplant. After the district court entered an order enjoining the Commonwealth to fund the operation, 805 F.Supp. 361 (1992) this...

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