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McCLENDON v. GEORGIA DEPT. OF COMMUNITY HEALTH

No. 00-15005.

261 F.3d 1252 (2001)

Niccie McCLENDON, Individually and as Administrator of the Estate of Alton McClendon and on behalf of those similarly situated, Bessie Hogan, individually and on behalf of those similarly situated, et al., Plaintiffs-Appellants, v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH, Russell Toal, in his official capacity as Commissioner of the Department of Community Health, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 17, 2001.

Attorney(s) appearing for the Case

Joseph W. Watkins, Lance D. Lourie, Stephen R. Chance, Watkins, Lourie & Roll, LLP, Atlanta, GA, Antonio Ponvert, III, Koskoff, Koskoff & Bieder, P.C., Bridgeport, CT, for Plaintiffs-Appellants.

Harold D. Melton, Per Brage Normark, Georgia Department of Law, Atlanta, GA, Sidney Ray Barrett, Jr., Porter & Barrett, Georgia Dept. of Law, Atlanta, GA, for Defendants-Appellees.

Before CARNES, COX and NOONAN, Circuit Judges.

CARNES, Circuit Judge:

This lawsuit is an attempt by Medicaid recipients in Georgia who have been injured by the use of tobacco products to obtain from the State a portion of the proceeds that it is due to receive under the $206 billion "Master Settlement Agreement" consummated by the tobacco industry and 46 states in 1998. Georgia is scheduled to receive $4.8 billion under that agreement, and the plaintiffs contend that the Medicaid Act, 42 U.S.C. §§ 1396...

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