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KAI v. ROSS

No. 03-1721NE.

336 F.3d 650 (2003)

Teresa KAI, on behalf of herself and all others similarly situated; and Stacy Noller, on behalf of herself and all others similarly situated, Appellants, v. Ron ROSS, as the Director of the Nebraska Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2003.

Rehearing and Rehearing Denied August 7, 2003.

Attorney(s) appearing for the Case

Steven A. Hitov, argued, Washington, DC (Rebecca L. Gould, D. Milo Mumgaard, Allen L. Overcash, Michelle Paxton, Lincoln, NE, on the brief), for appellant.

Michael J. Rumbaugh, argued, Special Asst. Atty. General, Lincoln, NE (Royce N. Harper, Sr. Asst. Atty. Gen., on the brief), for appellee.

Before LOKEN, Chief Judge, RICHARD S. ARNOLD and BYE, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 7, 2003.

RICHARD S. ARNOLD, Circuit Judge.

This case is about Temporary Medical Assistance, a federally funded state program of medical care for the needy and others which the parties refer to as "TMA." We shall adopt the same usage. The named plaintiffs, Teresa Kai and Stacy Noller, are members of a class, certified by the District Court, of medically needy caretaker relatives. The class contains about 10,000...

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