053587P.pdf   06/22/2006  Susan Lankford  v.  Gary Sherman
   U.S. Court of Appeals Case No:  05-3587
   Western District of Missouri   
   [PUBLISHED] Benton, Author, with Wollman and Beam, Circuit Judges]
   Civil case - Medicaid Act. Challenge to Missouri state regulations
   curtailing the provision of durable medical equipment to aged or disabled 
   categorically-needy Medicaid recipients was not moot; regulations, as
   currently funded did not violate the federal comparability requirements;
   plaintiffs did not have a private right of action to enforce Medicaid's
   reasonable-standards provision under Section 1983; however, the district
   court erred in finding that plaintiffs did not have a reasonable likelihood
   of success on the merits of their claim that regulations were pre-empted
   by Medicaid's reasonable-standards requirement, and the matter is
   remanded for further proceedings.