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AVILA v. BIEDESS

Nos. 1 CA-CV 02-0648, 1 CA-CV 02-0741.

78 P.3d 280 (2003)

206 Ariz. 311

Bruno AVILA and Cresencia Avila, husband and wife, Plaintiffs-Appellants, v. Phyllis BIEDESS, Director of the Arizona Health Care Cost Containment System, Defendants-Appellees, Falk Kurti; Sequine Kurti, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Phyllis Biedess, Director of the Arizona Health Care Cost Containment System, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

October 28, 2003.

Attorney(s) appearing for the Case

William E. Morris Institute for Justice By Thomas Berning and Southern Arizona Legal Aid, Inc. By Lydia Glasson, Tucson, Attorneys for Plaintiffs-Appellants Avila.

Anthony B. Ching, Tempe, Attorney for Plaintiffs-Appellees Kurti.

Johnston & Kelly, P.L.C. By Logan T. Johnston, Phoenix, Attorneys for Defendants-Appellees AHCCCS and Biedess.

Arizona Civil Liberties Union By Laura Carroll, Cooperating Counsel, Pamela K. Sutherland, Legal Director and James E. Rogers College of Law, University of Arizona By Andrew Silverman, Joseph M. Livermore, Professor and Director, Clinical Programs, Tucson, Amicus Curiae for Plaintiffs-Appellants Avila.

OPINION

IRVINE, Judge.

¶ 1 This appeal addresses whether Arizona's Title XIX Medicaid program and state-funded Premium Sharing Program violate the United States and Arizona Constitutions by denying benefits to aliens who have not been legal residents of this country for at least five years. We conclude that they do not.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 This appeal consolidates two superior court actions against the same defendant...

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