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KANTROWITZ v. WEINBERGER

No. 74-2103.

530 F.2d 1034 (1976)

Sandra KANTROWITZ, Appellant, and American Public Health Association, Inc., v. Caspar WEINBERGER, Individually and in his official capacity as Secretary of the U.S. Department of Health, Education and Welfare.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1976.

Attorney(s) appearing for the Case

Jonathan A. Weiss, New York City, with whom Patricia Butler, Los Angeles, Cal., was on the brief for appellants. Florence W. Roisman, Washington, D.C., also entered an appearance for appellants.

Robert E. Hauberg, Jr., Asst. U.S. Atty., with whom Earl J. Silbert, U.S. Atty., John A. Terry, Stuart M. Gerson and Robert M. Werdig, Jr., Asst. U.S. Attys., were on the brief for appellee.

Before DANAHER, Senior Circuit Judge, WILKEY, Circuit Judge, and VAN PELT, United States Senior District Judge for the District of Nebraska.

PER CURIAM:

Having found that the issues had been fully briefed and argued on cross-motions for summary judgment and that there were no material issues of fact in dispute, a three-judge court1 entered judgment for the appellee. American Public Health Association, Inc., co-plaintiff in the district court, has not appealed. The complaint had alleged, as presently pertinent,2 that 42 U.S.C. § 1396d(a)(B)...

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