COUNTY OF NASSAU v. LEAVITT

Docket No. 07-0825-cv.

524 F.3d 408 (2008)

COUNTY OF NASSAU, NEW YORK, County of Suffolk, New York, Federation Employment and Guidance Services, Inc., Long Island Minority Aids Coalition, Inc., Thursday's Child, Inc., Traci Bowman, Miriam Spaier, Jerome Knight, Donna Uysal, Plaintiffs-Appellants, v. Michael O. LEAVITT, in his Official Capacity as Secretary of Health and Human Services of the United States Department of Health and Human Services, Elizabeth M. Duke, in her Official Capacity as Administrator for the Health Resources and Services Administration of the United States Department of Health and Human Services, United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 25, 2008.


Attorney(s) appearing for the Case

Peter J. Clines, Deputy County Attorney (Lorna G. Goodman, County Attorney, on the brief), Mineola, N.Y., for Plaintiffs-Appellants.

Thomas A. McFarland, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, New York, N.Y., for Defendants-Appellees.

Before: WALKER, CALABRESI, and SACK, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Plaintiffs-appellants County of Nassau, County of Suffolk, Federation Employment and Guidance Services, Inc., Long Island Minority Aids Coalition, Inc., Thursday's Child, Inc., Traci Bowman, Miriam Spaier, Jerome Knight, and Donna Uysal (collectively "Nassau-Suffolk") sued the Secretary of the United States Department of Health and Human Services, the Administrator for that department's Health Resources and Services Administration...

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