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FILE - This May 1990 file booking photo provided by the New Rochelle, N.Y., police department, shows Robert Kosilek, arrested on drunken driving charges. Kosilek was convicted for the May 1990 murder of his wife, and now lives as a woman named Michelle Kosilek, in a Massachusetts prison serving a life sentence for murder. State prison officials will argue before a federal appeals court Thursday, May 8, 2014 in Boston, that the state should not have to pay for sex change surgery for Kosilek. A federal judge ruled in 2012 the state Department of Correction must provide surgery to treat Kosilek's gender-identity disorder. (AP Photo/New Rochelle Police Department, File)

FILE - This May 1990 file booking photo provided by the New Rochelle, N.Y., police department, shows Robert Kosilek, arrested on drunken driving charges. Kosilek was convicted for the May 1990 murder of his wife, and now lives as a woman named Michelle Kosilek, in a Massachusetts prison serving a life sentence for murder. State prison officials will argue before a federal appeals court Thursday, May 8, 2014 in Boston, that the state should not have to pay for sex change surgery for Kosilek. A federal judge ruled in 2012 the state Department of Correction must provide surgery to treat Kosilek's gender-identity disorder. (AP Photo/New Rochelle Police Department, File)

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