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FREW v. JANEK

No. 14-40048.

780 F.3d 320 (2015)

Carla FREW; Charlotte Garvin, as next friend of her minor children Johnny Martinez, Brooklyn Garvin and BreAnna Garvin; Class Members; Nicole Carroll, Class Representative, Plaintiffs-Appellants v. Kyle JANEK, Commissioner of the Texas Health and Human Services Commission in his official capacity; Kay Ghahremani, State Medicaid Director of the Texas Health and Human Services Commission in her official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 5, 2015.

Attorney(s) appearing for the Case

Timothy Borne Garrigan (argued), Stuckey, Garrigan & Castetter Law Offices, Nacogdoches, TX, Jane K. Swanson , Law Offices of Jane K. Swanson, Austin, TX, for Plaintiffs-Appellants.

J. Campbell Barker (argued), Deputy Solicitor General, James Byron Eccles, Esq. , Deputy Assistant Attorney, Office of the Attorney General, Jonathan F. Mitchell , Solicitor General; Office of the Solicitor General, Austin, TX, for Defendants-Appellees.

Before JOLLY, WIENER, and CLEMENT, Circuit Judges.

This appeal arises from the district court's termination of several provisions of a consent decree and the dissolution of a related corrective action order pursuant to the first clause of Federal Rule of Civil Procedure 60(b)(5) — that the judgment has been "satisfied, released, or discharged." Plaintiffs represent...

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