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SMITH v. RASMUSSEN

No. 99-3262.

249 F.3d 755 (2001)

John SMITH, Appellee, v. Jessie K. RASMUSSEN, in her official capacity as Director of the Iowa Department of Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 4, 2001.

Attorney(s) appearing for the Case

Daniel W. Hart, argued Des Moines, IA (Thomas J. Miller, Gordon E. Allen, on the brief), for appellant.

Thomas A. Krause, argued, Des Moines, IA (Max J. Schott, on the brief), for appellee.

BEFORE: WOLLMAN, Chief Judge, BEAM, Circuit Judge, and PANNER, District Judge.

WOLLMAN, Chief Judge.

The Iowa Department of Human Services (the Department or State) appeals from the district court's judgment that the Department violated the mandates of Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (1992 & Supp.2000) (Medicaid Act or Act), when it refused to fund surgery for the plaintiff, John Smith (pseudonym). We reverse.

I.

Smith, now 41 years old, was born with the physiology of a female...

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