3:20-cv-00740) CHRISTOPHER FAIN v. William Crouch

FILED: April 12, 2023
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
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No. 22-1927
(3:20-cv-00740)
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CHRISTOPHER FAIN; SHAUNTAE ANDERSON, individually and on behalf
of all others similarly situated
Plaintiffs - Appellees
v.
WILLIAM CROUCH, in his official capacity as Cabinet Secretary of the West
Virginia Department of Health and Human Resources; CYNTHIA BEANE, in her
official capacity as Commissioner for the West Virginia Bureau for Medical
Services; WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN
RESOURCES, Bureau for Medical Services
Defendants - Appellants
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STATE OF WEST VIRGINIA
Amicus Supporting Appellant

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COLORADO; DELAWARE; DISTRICT OF COLUMBIA; FAIRNESS WEST
VIRGINIA; MOUNTAIN STATE JUSTICE, INC.; NATIONAL HEALTH LAW
PROGRAM; CENTER FOR MEDICARE ADVOCACY; CONSTITUTIONAL
LAW PROFESSORS; AMERICAN MEDICAL ASSOCIATION; ENDOCRINE
SOCIETY; NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN
WOMEN'S HEALTH; AMERICAN PSYCHIATRIC ASSOCIATION;
SOCIETY OF OB/GYN HOSPITALISTS; ILLINOIS; MAINE; MARYLAND;
MASSACHUSETTS; MINNESOTA; NEVADA; NEW JERSEY; NEW
MEXICO; NEW YORK; OREGON; RHODE ISLAND; VERMONT;
WASHINGTON
Amici Supporting Appellee
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O R D E R
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Upon a sua sponte poll of the court, a majority of judges in regular active
service and not disqualified voted to rehear this case en banc.
IT IS ORDERED that rehearing en banc is granted.
The parties shall file 16 additional paper copies of their briefs and
appendices previously filed in this case within 10 days.
For the Court
/s/ Patricia S. Connor, Clerk

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