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NEWTON-NATIONS v. BETLACH

No. 10-16193.

660 F.3d 370 (2011)

Sharon NEWTON-NATIONS; Manuela Gonzalez; Cheryl Bilbrey; Hector Martinez; Dawn House; Dana Franklin; Edward Bonner; D. H.; Jack Baumhardt; Manuel Esparza, Plaintiffs, and Donald McCants; Patricia Jones; Anne Garrison; Todd Eaton, Plaintiffs-Appellants, v. Thomas BETLACH, Director of the Arizona Health Care Containment System; Kathleen Sebelius, Secretary of the United States Department of Human Services, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2011.

Amended October 27, 2011.

Attorney(s) appearing for the Case

Ellen Sue Katz , William E. Morris Institute for Justice, Jane Perkins , National Health Law Program, for plaintiff-appellants Donald McCants et al.

Tony West , Assistant Attorney General, Dennis K. Burke , United States Attorney, Mark B. Stern and Stephanie R. Marcus , U.S. Department of Justice, for defendant-appellee Kathleen Sebelius.

Timothy D. Ducar , Lorona Steiner Ducar, Ltd., for defendant-appellee Thomas J. Betlach.

Before: ALFRED T. GOODWIN and RICHARD A. PAEZ, Circuit Judges, and LIAM O'GRADY, District Judge.

ORDER

The opinion filed on August 24, 2011 is amended as follows.

On page 16214 of the Slip Opinion, the text beginning with "Plaintiffs argue that" and ending with "due process requirements" on page 16215 is deleted, and is replaced with the following text and footnotes five and six:

<< Plaintiffs argue that the notices that AHCCCS sent in 2003 informing them of their increased mandatory copayments violate the requirements of due process...

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