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PRICE v. WOLFORD

No. 09-6139.

608 F.3d 698 (2010)

Stacy PRICE; Chad James, individually and as parents and next friend, for the minor child, K.J., Plaintiffs-Appellees, v. Dale E. WOLFORD, D.O., Defendant-Appellee, Oklahoma Health Care Authority, Defendant-Intervener-Appellant.

United States Court of Appeals, Tenth Circuit.

June 17, 2010.

Attorney(s) appearing for the Case

Ashley D. Williams (also known as Ashley Kemp), Deputy General Counsel, (Howard J. Pallotta, Director of Legal Services, with her on the brief), Oklahoma Health Care Authority, Oklahoma City, OK, for Defendant-Intervener-Appellant.

Kenyatta R. Bethea (Dan L. Holloway and Marissa T. Osenbaugh with her on the brief), Holloway, Bethea & Osenbaugh, Oklahoma City, OK, for Stacy Price, Chad James and K.J., Plaintiffs-Appellees.

Spencer B. Housley (John Wiggins with him on the brief), Wiggins Sewell & Ogletree, Oklahoma City, OK, for Dale Wolford, D.O., Defendant-Appellee.

Before BRISCOE, Chief Judge, HENRY and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

The Oklahoma Health Care Authority (OHCA) asserted a $544,282.26 Medicaid lien on a $1.1 million settlement of Plaintiffs' malpractice suit against Dr. Dale Wolford. The district court, however, allotted OHCA only $67,666.67 in full satisfaction of the lien. OHCA appeals, contending (1) that the district court lost jurisdiction of the malpractice litigation when OHCA's intervention as a defendant destroyed diversity of citizenship; (2) that the...

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