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TOWNSEND v. QUASIM

No. 01-35689.

328 F.3d 511 (2003)

Levi TOWNSEND, Plaintiff-Appellant, v. Lyle QUASIM, Secretary of the State of Washington Department of Social and Health Services (DSHS), Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2003.

Attorney(s) appearing for the Case

Katrin E. Frank, Timothy K. Ford and Andrea Brenneke, MacDonald, Hoague & Bayless, Seattle, Washington, for the plaintiff-appellant.

Alan Smith and William L. Williams, Assistant Attorneys General, Department of the Attorney General, State of Washington, Olympia, Washington, for the defendant-appellee.

Before: BEEZER, GOULD and BERZON, Circuit Judges.

Opinion by Judge BERZON; Dissent by Judge BEEZER.

OPINION

BERZON, Circuit Judge.

Levi Townsend, as representative for a certified class of disabled Medicaid recipients residing in Washington state, appeals a district court's grant of summary judgment in favor of the Secretary ("the Secretary") of the State of Washington's Department of Social and Health Services ("DSHS"). Mr. Townsend contends that the state's use of community-based services to provide...

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