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HAMBY v. NEEL

Nos. 01-5653, 01-5930.

368 F.3d 549 (2004)

Larnce HAMBY, Plaintiff-Appellee, Betty Ooten, Intervenor Plaintiff-Appellee, Nora Hyslope, Intervenor Plaintiff-Appellee, v. C. Warren NEEL, Commissioner, Tennessee Department of Finance and Administration; Mark Reynolds, Deputy Commissioner, Bureau of TennCare, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2004.

Attorney(s) appearing for the Case

Lenny L. Croce (argued and briefed), Rural Legal Services of Tennessee, Oak Ridge, TN, for Hamby, Ooten, Hyslope in Nos. 01-5653 and 01-5930.

Sue A. Sheldon (argued and briefed), Office of the Attorney General, Nashville, TN, for Defendant-Appellant in No. 01-5653.

Linda A. Ross, Asst. Attorney Gen., Sue A. Sheldon (argued and briefed), Office of the Attorney General, Nashville, TN, for Defendant-Appellant in No. 01-5930.

Before BATCHELDER, MOORE, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. BATCHELDER, J. (pp. 564-69), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

This is a consolidated appeal. In Case No. 01-5653, Defendants, C. Warren Neel, the Commissioner of the Tennessee Department of Finance and Administration, and Mark Reynolds, the Deputy Commissioner of the Bureau of Tennessee's Medicaid Demonstration Project ("TennCare"), appeal...

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