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PRESSLEY RIDGE SCHOOLS v. SHIMER

No. 97-1049.

134 F.3d 1218 (1998)

PRESSLEY RIDGE SCHOOLS, a Pennsylvania corporation, Plaintiff-Appellee, v. R. Philip SHIMER, Acting Commissioner, West Virginia Bureau for Medical Services; Gretchen O. Lewis, Secretary, Department of Health & Human Resources, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1998.

Attorney(s) appearing for the Case

ARGUED: Stephen Jay Small, Senior Assistant Attorney General, Bureau for Medical Services, Charleston, WV, for Appellants. Charles Marvin Johnson, Jr., Charleston, WV, for Appellee. ON BRIEF: Darrell V. McGraw, Jr., Attorney General, Bureau for Medical Services, Charleston, WV, for Appellants. David R. Bungard, Charleston, WV, for Appellee.

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MURNAGHAN and Senior Judge BUTZNER joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Two West Virginia officials attempt to appeal the district court's judgment holding that the State violated Medicaid regulations and the Due Process and Equal Protection clauses of the United States Constitution in handling various Medicaid claims submitted by a Medicaid provider. Subsequent...

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