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TRUESDELL v. FRIEDLANDER

No. 22-5808.

80 F.4th 762 (2023)

Phillip TRUESDELL; Legacy Medical Transport, LLC, Plaintiffs-Appellants, v. Eric FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; Adam Mather, in his official capacity as Inspector General for the Kentucky Cabinet for Health and Family Services; Carrie Banahan, in her official capacity as Deputy Secretary of the Kentucky Cabinet for Health and Family Services, Defendants-Appellees, First Care Ohio, LLC, fka Patient Transport Services, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2023.

Attorney(s) appearing for the Case

ARGUED: Joshua Polk , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Appellants. David T. Lovely , CABINET FOR HEALTH & FAMILY SERVICES, Frankfort, Kentucky, for Defendants Appellees. David M. Dirr , DRESSMAN BENZINGER LAVELLE PSC, Covington, Kentucky, for Intervenor Appellee. ON BRIEF: Joshua Polk , Anastasia P. Boden , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Appellants. David T. Lovely , Wesley W. Duke , CABINET FOR HEALTH & FAMILY SERVICES, Frankfort, Kentucky, for Defendants Appellees. David M. Dirr , Christopher B. Markus , DRESSMAN BENZINGER LAVELLE PSC, Covington, Kentucky, for Intervenor Appellee.

Before: GRIFFIN, BUSH, and MURPHY, Circuit Judges.

OPINION

Legacy Medical Transport, a small family-owned business, provides nonemergency ambulance services in several Ohio counties that border Kentucky. After receiving many inquiries from Kentucky hospitals and nursing homes, Legacy sought to expand into the Commonwealth. But Kentucky required Legacy to show a ...

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