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ALABAMA v. CENTERS FOR MEDICARE AND MEDICAID SVCS.

No. 11-11939.

674 F.3d 1241 (2012)

State of ALABAMA, Plaintiff-Appellant, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, Deputy Administrator of the Centers for Medicare and Medicaid Services, Administrator for the Centers for Medicare and Medicaid Services, Secretary of Health and Human Services, Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 19, 2012.

Attorney(s) appearing for the Case

Malcolm J. Harkins, III , James F. Segroves , Proskauer Rose, LLP, Washington, DC, Stephanie McGee Azar , Alabama Medical Agency, Bruce Mitchell Lieberman , John Cowles Neiman, Jr. , Cheairs M. Porter , Luther J. Strange, III , Alabama Attorney General's Office, Laszlo Daniel Morris, Jr. , Alabama State Personnel Dept., Legal Div., Montgomery, AL, for Plaintiff-Appellant.

Michael S. Raab , Michelle R. Bennett , Joshua Paul Waldman , Civ. Div., App. Staff, U.S. Dept. of Justice, Washington, DC, George L. Beck, Jr. , U.S. Atty., U.S. Attorney's Office, Montgomery, AL, for Defendants-Appellees.

John J. Bursch , Michigan Atty. General's Office, Lansing, MI, for Amici Curiae.

Before BARKETT and HULL, Circuit Judges, and HINKLE, District Judge.

PER CURIAM:

The State of Alabama sued the federal Centers for Medicare and Medicaid Services ("CMS") claiming that CMS violated the federal Administrative Procedure Act ("APA"), 5 U.S.C. §§ 500-596, 701-706 (2006), by issuing—without notice and an opportunity for public comment—an October 28, 2008 letter to state health officials (the "SHO letter"). The SHO letter, which is signed by the Acting Director of the Center for Medicaid and State...

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