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KEITH v. RIZZUTO

No. 99-1560.

212 F.3d 1190 (2000)

Rodney H. KEITH, as representative Plaintiff for Clancy Wayne Keith and Shirley H. Keith, Plaintiffs-Appellants, v. James T. RIZZUTO, Executive Director, Colorado Department of Health Care Policy and Financing, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 15, 2000.

Attorney(s) appearing for the Case

Bernard Algimantas Poskus (Jo Lauren Seavy, with him on the briefs), Pearson, Milligan & Horowitz, P.C., Denver, Colorado, appearing for Plaintiffs-Appellants.

Vivianne M. Chaumont, First Assistant Attorney General, State Services Section (Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, and Christine M. Arguello, Deputy Attorney General, with her on the brief), Office of the Attorney General, State of Colorado, Denver, Colorado, appearing for Defendant-Appellee.

Before TACHA, BALDOCK, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

Appellant Rodney Keith, representing his parents Clancy and Shirley Keith, appeals from the district court's order dismissing his claim. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

Clancy Keith, a retiree, resides in a Colorado community care facility. He suffers from dementia associated with Alzheimer's disease and is expected to require extensive care for the remainder of his life. Mr. and Mrs...

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