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SCHOTT v. OLSZEWSKI

Nos. 03-2490, 03-2536.

401 F.3d 682 (2005)

Mary Lue SCHOTT, Plaintiff-Appellee, Carol Levy, Plaintiff Appellee/Cross-Appellant, v. Janet OLSZEWSKI, in her capacity as Director of the Michigan Department of Community Health, and Marianne Udow, in her capacity as Director of the Michigan Family Independence Agency, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Morris J. Klau, State of Michigan Department of Attorney General, Detroit, Michigan, for Appellants. Jacqueline Doig, Center for Civil Justice, Saginaw, Michigan, for Appellees. ON BRIEF: Morris J. Klau, State of Michigan Department of Attorney General, Detroit, Michigan, for Appellants. Jacqueline Doig, Center for Civil Justice, Saginaw, Michigan, for Appellees.

Before: BOGGS, Chief Judge; GILMAN, Circuit Judge; SARGUS, District Judge.

OPINION

GILMAN, Circuit Judge.

Mary Lue Schott and Carol Levy applied to Michigan's Medicaid program for coverage of their emergency hospitalization and medical bills. Schott's claims are not at issue in this appeal. Levy, however, paid for some of the services that she received while awaiting the long-delayed approval of her application. The state agencies administering the Medicaid program later refused to reimburse her for the money she spent out-of-pocket...

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