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BROWN v. DAY

No. 06-3387.

555 F.3d 882 (2009)

Dena K. BROWN, by her brother and next friend, Donald C. BROWN, Plaintiff-Appellant, v. Robert M. DAY, in his official capacity as Director, Kansas Division of Health Policy and Finance, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 13, 2009.

Attorney(s) appearing for the Case

Molly M. Wood, Stevens & Brand, L.L.P., Lawrence, KS, for the Plaintiff-Appellant.

Reid Stacey, Kansas Health Policy Authority, Topeka, KS, for the Defendant-Appellee.

Before HENRY, Chief Judge, EBEL and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant Dena Brown sued Defendant-Appellee Robert Day, the Director of Kansas's Division of Health Policy and Finance ("HPF"),1 in federal court pursuant to 42 U.S.C. § 1983, after Day issued a Final Order terminating Brown's Medicaid benefits. Brown alleged that Day's decision, which purported to execute newly enacted Kansas law, violates federal Medicaid statutes and regulations. The federal district...

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