EQUAL ACCESS FOR EL PASO, INC. v. HAWKINS

No. 08-50144.

562 F.3d 724 (2009)

EQUAL ACCESS FOR EL PASO, INC., Plaintiff-Appellant, v. Albert HAWKINS, Commissioner of the Texas Health and Human Services Commission, Individually and in his official capacity, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 13, 2009.


Attorney(s) appearing for the Case

Thomas Hart Watkins (argued), Elizabeth Gabrielle Bloch, Virginia Katherine Hoelscher, Brown McCarroll, Austin, TX, for Plaintiff-Appellant.

Rance Lamar Craft (argued), Austin, TX, for Defendant-Appellee.

Before SMITH, BARKSDALE and PRADO, Circuit Judges.


PRADO, Circuit Judge:

Plaintiff-Appellant Equal Access for El Paso, Inc. ("Equal Access") appeals the district court's order granting Defendant-Appellee Albert Hawkins's ("Hawkins")1 Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Equal Access and other plaintiffs brought suit against Hawkins, alleging, inter alia, violations of the "Reasonable Promptness Provision" of the Medicaid Act, 42 U.S.C. § 1396a(a...

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