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MOORE EX REL. MOORE v. REESE

No. 10-10148.

637 F.3d 1220 (2011)

Anna C. MOORE, a minor child, by and through her mother and natural guardian Pamela MOORE, Plaintiff-Appellee, v. Clyde L. REESE, III, in his official capacity as Commissioner of the Department of Community Health, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 7, 2011.

Attorney(s) appearing for the Case

Paula Rafferty Miller , Joshua H. Norris , GA Advocacy Office, Decatur, GA, Gerald R. Weber , Southern Ctr. for Human Rights, Atlanta, GA, for Moore.

Michelle Townes , Penny L. Hannah , Atlanta, GA, for Reese.

Robert S. Highsmith, Jr. , Kimberly Renee Ward , Holland & Knight, LLP, Atlanta, GA, for Amicus Curiae, Wellcare of Georgia, Inc.

David A. Webster , Charles Richardson Bliss , Atlanta, GA, for Atlanta Legal Aid Society, Inc., Amicus Curiae.

Before HULL and MARCUS, Circuit Judges, and WHITTEMORE, District Judge.

HULL, Circuit Judge:

Plaintiff Anna "Callie" Moore ("Moore") sued Defendant Clyde Reese, Commissioner of Georgia's Department of Community Health ("DCH"),1 for allegedly violating the Medicaid Act ("the Act") by reducing Moore's Medicaid-funded private duty nursing care from 94 to 84 hours per week. The district court granted Moore's motion for partial summary judgment and denied DCH's cross-motion for summary judgment. This appeal concerns...

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