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CENTER FOR SPECIAL NEEDS TRUST ADMIN. v. OLSON

No. 11-2158.

676 F.3d 688 (2012)

CENTER FOR SPECIAL NEEDS TRUST ADMINISTRATION, INC., Appellant, v. Carol K. OLSON, in her official capacity as Executive Director of North Dakota Department of Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2012.

Attorney(s) appearing for the Case

Rene H. Reixach , argued, Rochester, NY, Richard Meyer , on the brief, Worthington, OH, for appellant.

Jeanne M. Steiner , AG, argued, Bismarck, ND, for appellee.

Rochelle Bobroff , Washington, DC, on the amicus brief of the National Senior Citizens Law Center, AARP, and National Health Law Program.

Craig C. Reaves , Kansas City, MO, on the amicus brief of the National Academy of Elder Law Attorneys.

Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. § 1983 and the Constitution's Supremacy Clause, Article VI, clause 2, the Center alleges that North Dakota's demand for...

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