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BALL v. RODGERS

No. 04-16963.

492 F.3d 1094 (2007)

Peg BALL; Bennie James, as grandfather and guardian of Cree James, a minor person; Jeanne Spinka, as an individual and as a representative of a class of persons similarly situated, Plaintiffs-Appellees, and Venetta Graham; Peggy William; Judeth Hinton; Grace Collier; Virginia Haskell; Larry Williams, Plaintiffs-Intervenors-Appellees, v. Anthony D. RODGERS, Director of the Arizona Health Care Cost Containment System, The Arizona Health Care Cost Containment System Administration, and the State of Arizona, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted July 17, 2007.

Filed July 17, 2007.

Attorney(s) appearing for the Case

Logan T. Johnston, Johnston Law Offices, Phoenix, AZ, for the defendants-appellants.

Sally Hart and Jennifer L. Nye, Arizona Center for Disability Law, Tuscon, AZ, and Sarah Lenz Lock, AARP Litigation, Washington, DC, for the plaintiffs-appellees.

Before: B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER, Senior Judge.

Opinion by Judge BERZON.

BERZON, Circuit Judge.

A certified class of elderly, physically disabled, and developmentally disabled Medicaid beneficiaries ("the Medicaid beneficiaries") alleges that Arizona is failing to provide them with adequate home- and community-based health care services, thereby violating several provisions of the federal Medicaid Act, 42 U.S.C. §§ 1396 et seq.1 Defendant Anthony D. Rodgers...

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