JAMES v. HARRIS

Civ. A. No. 80-170-N.

499 F.Supp. 594 (1980)

Fob JAMES, as Governor, and on behalf of the State of Alabama and its citizens; Alabama Medical Services Administration; and W. H. Kerns, Commissioner, Medical Assistance, Plaintiffs, v. Patricia Roberts HARRIS, Secretary of Health and Human Services; Leonard D. Schaeffer, Administrator, Health Care Financing Administration; Virginia M. Smyth, Regional Administrator, Region IV, Defendants.

United States District Court, M. D. Alabama, N. D.

September 26, 1980.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., State of Ala., Ira DeMent (Sp. Counsel to Governor Fob James), Herman Hamilton, Jr. (Sp. Asst. Atty. Gen.) and Shapard D. Ashley, Montgomery, Ala., for plaintiffs.

Barry E. Teague, U. S. Atty., Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., and Carl H. Harper, Regional Atty., F. Richard Waitsman, Asst. Regional Atty., Dept. of Health, Ed. & Welfare, Atlanta, Ga., for defendants.


MEMORANDUM OPINION

HOBBS, District Judge.

This cause is before the Court on defendants' motion for summary judgment filed herein on July 22, 1980, and on plaintiffs' motion for summary judgment filed herein on August 1, 1980. Said motions were submitted to the Court and oral arguments of counsel were heard on September 2, 1980. Upon consideration of the motions, affidavits, briefs and arguments of counsel, this Court finds that when construing the evidence...

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