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GESTON v. ANDERSON

No. 12-2224.

729 F.3d 1077 (2013)

John GESTON; Carolyn Geston, Plaintiffs-Appellees, v. Maggie D. ANDERSON, in her official capacity as Interim Executive Director of the North Dakota Department of Human Services, Defendant-Appellant, State of Hawaii Department of Human Services; Kansas Department of Health and Environment; Attorney General of the State of Maryland; State of New Mexico Human Services Department; Oklahoma Health Care Authority; Rhode Island Executive Office of Health and Human Services; State of Tennessee; Connecticut Department of Social Services, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2013.

Attorney(s) appearing for the Case

Stephen A. Feldman , Special AAG, argued, Jenkintown, PA ( Karen R. Guss , on the brief), for Defendant-Appellant.

Rene H. Reixach , argued, Rochester, NY ( Gregory C. Larson , on the brief, Bismarck, ND), for Plaintiffs-Appellees.

Charles A. Miller , Carolyn F. Corwin , Philip J. Peisch , Washington, DC., George A. Jepsen , Hartford, CT, Douglas F. Gansler , on the brief, of Baltimore, MD, for Amici on Behalf of Appellant.

Before LOKEN, MELLOY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

John Geston applied for Medicaid benefits, and the North Dakota Department of Human Services denied his application on the basis that the total assets owned by Geston and his wife exceeded the eligibility limit. The Gestons sued in the district court, arguing that the Department had wrongfully denied the application because it had improperly counted against Mr. Geston's eligibility an annuity owned by his wife. The district court

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