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DAVIDSON v. HOWE

No. 13-2365.

749 F.3d 21 (2014)

Albert DAVIDSON, as Guardian of Marilyn Davidson; Regina Davidson, as Guardian of Marilyn Davidson, Plaintiffs, Appellants, v. Elin HOWE, as Commissioner of the Massachusetts Department of Developmental Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 16, 2014.

Attorney(s) appearing for the Case

Margaret M. Pinkham , with whom Elise Busny and Pinkham Busny LLP were on brief, for appellants.

Timothy J. Casey , Assistant Attorney General, with whom Martha Coakley , Attorney General of Massachusetts, was on brief, for appellee.

Before LYNCH, Chief Judge, THOMPSON, Circuit Judge, and SMITH, District Judge.

LYNCH, Chief Judge.

Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D.Mass. Oct. 29, 2013). Plaintiffs sought to enjoin Marilyn's transfer from the Fernald...

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