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SANDEFUR v. CHERRY

No. 82-3564.

718 F.2d 682 (1983)

James D. SANDEFUR, O.D. and W.E. Marionneaux, Jr., O.D., Plaintiffs-Appellants, v. William A. CHERRY, M.D., Secretary of the Louisiana Department of Health and Human Resources, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 13, 1983.

Attorney(s) appearing for the Case

Henry B. Bruser, III, Robert G. Nida, Alexandria, La., for plaintiffs-appellants.

Charles E. Daspit, Dept. of Health & Human Resources, Baton Rouge, La., for defendants-appellees.

Before RUBIN and JOLLY, Circuit Judges, and PUTNAM, District Judge.

ALVIN B. RUBIN, Circuit Judge:

Louisiana's Medicaid plan authorizes reimbursement of ophthalmologists for any medically necessary eye care they provide to needy persons. The plan allows reimbursement of optometrists only for prescribing eyeglasses to persons who have had cataract surgery and for eye care they furnish to persons under 21 years of age. The plaintiffs, licensed optometrists, contend that the reimbursement policies violate state and federal law because...

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