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DAVIDSON v. BREDESEN

No. M2008-01298-COA-R3-CV.

330 S.W.3d 876 (2009)

Karl S. DAVIDSON v. Governor Phillip BREDESEN, in His Individual Capacity, et al.

Court of Appeals of Tennessee, at Nashville.

November 23, 2009.

Order Denying on Rehearing December 16, 2009.

Application for Permission to Appeal Denied by Supreme Court June 18, 2010.

Attorney(s) appearing for the Case

Joseph Howell Johnston and John Herbison , Nashville, Tennessee, for the appellant, Karl S. Davidson.

Robert E. Cooper, Jr. , Attorney General and Reporter, Steven A. Hart , Special Counsel, and Janet M. Kleinfelter , Senior Counsel, for the appellees, Governor Phillip Bredesen, Commissioner Gina Lodge, (former) TennCare Director J.D. Hickey, Commissioner David Goetz, Commissioner Paula Flowers and (former) Deputy Governor David Cooley.

DAVID R. FARMER, J., delivered the opinion of the court, in which ALAN E. HIGHERS, P.J., W.S. and HOLLY M. KIRBY, J., joined.

OPINION

Plaintiff filed a cause of action against several State officials, in their individual capacities, asserting multiple claims after being disenrolled from TennCare following amendments to TennCare in 2005. The trial court granted Defendants' motion to dismiss Plaintiff's claims for failure to state a claim. We affirm in part...

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