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FRED C. v. TEXAS HEALTH AND HUMAN SERVICES COM'N

Civil Action No. SA-94-CA-1028.

924 F.Supp. 788 (1996)

FRED C., Individually and by and through his next friend, Evelyn Tattini, Plaintiff, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION; Deann Friedholm, Acting Commissioner; Texas Department of Human Services; Burton Raiford, Commissioner; and Texas Department of Health; Dr. David Smith, Commissioner, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

May 3, 1996.

Attorney(s) appearing for the Case

Maureen O'Connell, Advocacy, Inc., Austin, TX, Garth A. Corbett, Advocacy Inc., Austin, TX, Lewis A. Golinker, Natl. Association of Protection & Advocacy Systems, Ithaca, NY, for plaintiff.

James Carlton Todd, Attorney General's Office, Austin, TX, for defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BIERY, District Judge.

In this Texas case of first impression dealing with the application of the Texas Administrative Code and the federal Medicaid statutes and regulations, the Court has before it motions for summary judgment filed by plaintiff and defendants. Implicit in the defense argument is the proposition that plaintiff would be entitled...

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