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CLARK v. COYE

Nos. 93-15930, 94-15002, 15276.

60 F.3d 600 (1995)

Virginia CLARK, et al., Plaintiffs-Appellees, v. Molly Joel COYE, M.D., M.P.H., Director, State Department of Health Services, Defendant-Appellant. Virginia CLARK; Marie Evers; Susan Ray; Anastasia Preciado; George Frazier; Evelyn Carlin; Solange Soja, by her guardian ad litem Susette Soja; Sobrique Soja; Carol Chaney, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. S. Kimberly BELSHE, Director, State Department of Health Services, Defendant-Appellant. Virginia CLARK, et al.; Marie Evers; Susan Ray; George Frazier; Anastasia Preciado; Evelyn Carlin; Solange Soja; Sobrique Soja; Carol Chaney, Plaintiffs-Appellees, v. S. Kimberly BELSHE, Director, State Department of Health Services, Defendant-Appellant, and Kenneth Kizer; Gray Davis; Elizabeth Whintney, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1995.

Attorney(s) appearing for the Case

Dennis Eckhart, Supervising Deputy Atty. Gen., and Andrea Lynn Hoch, Deputy Atty. Gen., Sacramento, CA, for defendants-appellants.

Robert D. Newman and Richard A. Rothschild, Western Center on Law and Poverty, Inc., Los Angeles, CA, for plaintiffs-appellees.

Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges.

Opinion by Chief Judge WALLACE; Dissent by Judge PREGERSON.

WALLACE, Chief Judge:

Kimberly Belshe, Director of the California Department of Health Services (Department), appeals from the district court's order enjoining it from implementing section 54 of California's Senate Bill 35, Welfare & Institutions Code § 14132(h) (1993) (Bill 35). Bill 35 restricts the eligibility of patients to be treated for certain dental procedures under Denti-Cal, California...

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