Ball

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PEG BALL; BENNIE JAMES, as  grandfather and guardian of Cree James, a minor person; JEANNE SPINKA, as an individual and as a representative of a class of persons similarly situated, Plaintiffs-Appellees, and

VENETTA GRAHAM; PEGGY WILLIAM;

JUDETH HINTON; GRACE COLLIER; No. 04-16963

VIRGINIA HASKELL; LARRY

WILLIAMS,  D.C. No.

CV-00-00067-EHC

Plaintiffs-Intervenors- OPINION Appellees, v. ANTHONY D. RODGERS, Director of the Arizona Health Care Cost Containment System, THE ARIZONA

HEALTH CARE COST CONTAINMENT

SYSTEM ADMINISTRATION, and the

STATE OF ARIZONA,

Defendants-Appellants.  Appeal from the United States District Court for the District of Arizona Earl H. Carroll, District Judge, Presiding

Argued September 12, 2006 Submitted July 17, 2007 San Francisco, California

Filed July 17, 2007

8567 8568 BALL v. RODGERS Before: Betty B. Fletcher and Marsha S. Berzon, Circuit Judges, and David G. Trager,* Senior Judge.

Opinion by Judge Berzon

*The Honorable David G. Trager, Senior United States District…