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HARRIS v. JAMES

No. 95-6861.

127 F.3d 993 (1997)

Willie Mae HARRIS, individually and on behalf of all others similarly situated; Linda Patton, individually and on behalf of all others similarly situated; Taenika Patton, individually and on behalf of all others similarly situated; John Patton, individually and on behalf of all others similarly situated; Tommy Gordon, individually and on behalf of all others similarly situated; Bertha J., individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Fob JAMES, Governor; David Toney, Commissioner of the Alabama Medicaid Agency, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 6, 1997.

Attorney(s) appearing for the Case

Henry Clay Barnett, Jr., Herman H. Hamilton, Jr., Clement Clay Torbert, III, James H. McLemore, Capell, Howard, Knabe & Cross, P.A., Montgomery, AL, James H. Evans, Jeff Sessions, Montgomery, AL, Charles H. Durham, III, Alabama Medicaid Agency, Montgomery, AL, for Defendants-Appellants.

J. Richard Cohen, Ellen Bowden, Southern Poverty Law Center, Montgomery, AL, Lawrence F. Gardella, Legal Services Corp. of AL, Montgomery, AL, for Plaintiffs-Appellees.

Daniel Aibel, U.S. Dept. of HHS, Washington, DC, for Amicus.

Before ANDERSON, Circuit Judge, and FAY and KRAVITCH, Senior Circuit Judges.

ANDERSON, Circuit Judge:

In the instant case, plaintiffs-appellees brought a class action under 42 U.S.C. § 1983, alleging that Alabama's Medicaid plan was not in compliance with a federal regulation requiring State Medicaid plans to ensure necessary transportation for recipients to and from providers. The district court granted summary judgment to the plaintiffs and later approved a remedial plan agreed to by the parties...

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