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JOHN B. v. GOETZ

No. 09-6145.

626 F.3d 356 (2010)

JOHN B., et al., Plaintiffs-Appellees, v. Dave GOETZ, Commissioner, Tennessee Department of Finance and Administration; Darin Gordon, Deputy Commissioner, Bureau of TennCare; Viola Miller, Commissioner, Tennessee Department of Children's Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael W. Kirk , Cooper & Kirk, PLLC, Washington, D.C., for Appellants. Andrew R. Dunlap , Kirkland & Ellis LLP, New York, New York, for Appellees. ON BRIEF: Michael W. Kirk , Charles J. Cooper , Brian S. Koukoutchos , Derek L. Shaffer , Cooper & Kirk, PLLC, Washington, D.C., Robert E. Cooper, Jr. , Linda A. Ross , Office of the Attorney General, State of Tennessee, Nashville, Tennessee, for Appellants. Andrew R. Dunlap , Katherine L. McDaniel , Kirkland & Ellis LLP, New York, New York, Michele M. Johnson , G. Gordon Bonnyman, Jr. , Tennessee Justice Center, Nashville, Tennessee, for Appellees.

Before: GIBBONS, ROGERS, and KETHLEDGE, Circuit Judges.

OPINION

PER CURIAM.1

This appeal arises from the district court's denial of defendants' motion to vacate a consent decree entered in a 1998 class-action challenge to Tennessee's managed care program, TennCare, under the Medicaid Act. Plaintiffs alleged that defendants, Tennessee officials charged with implementing TennCare, failed to provide early and periodic screening, diagnosis and...

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