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United States Third Circuit


BROSELOW v. FISHER, 01-3933

Pennsylvania Medicaid recipients with smoking-related illnesses were not entitled to a portion of tobacco settlement funds obtained by the commonwealth, as Medicaid Act section 1396b(d)(3)(b)(ii) allows states to use such funds for any appropriate expenditure.

Appellate Information

  • Argued 08/01/2002
  • Decided 02/11/2003
  • Published 02/12/2003

Judges

  • Before ROTH, AMBRO and RENDELL, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Antonio Ponvert, III (Argued), Koskoff, Koskoff & Bieder, PC, Bridgport, CT, Edward B. McDaid, McDaid, Flum & Bloom, Philadelphia, PA, for Appellants.

  • For Appellees:
  • Mike Fisher, Attorney General, Joel M. Ressler (Argued), Chief Deputy Attorney General, Chief, Tobacco Enforcement Section, Office of Attorney General, Harrisburg, PA, for Appellees.
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