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PENNSYLVANIA, DEPT. OF PUBLIC WELFARE v. SEBELIUS

No. 10-4584.

674 F.3d 139 (2012)

Commonwealth of PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Appellant v. Kathleen SEBELIUS, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Filed: March 15, 2012.

Attorney(s) appearing for the Case

Jason W. Manne, Esq. , (Argued), Office of General Counsel, Department of Public Welfare, Pittsburgh, PA, for Appellant.

Lindsey Powell, Esq. , (Argued), United States Department of Justice, Appellate Section, Mark B. Stern, Esq. , United States Department of Justice, Civil Division, Washington, DC, for Appellee.

Before: FISHER, VANASKIE and ROTH, Circuit Judges.

OPINION

VANASKIE, Circuit Judge.

The Pennsylvania Department of Public Welfare ("DPW") appeals a decision of the United States District Court for the Western District of Pennsylvania that sustained a directive of the United States Department of Health and Human Services ("HHS") that DPW must remit to the federal government more than $5.6 million in overpayments recovered by DPW under the Aid to Families with Dependent Children ("AFDC") program. DPW also...

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