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JAMES v. SCHWEIKER

No. 80-7990 Summary Calendar.

650 F.2d 814 (1981)

Fob JAMES, as Governor, and on Behalf of the STATE OF ALABAMA, and its citizens; Alabama Medical Services Administration; and Rebecca B. Beasley, Commissioner, Medical Assistance, Plaintiffs-Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services; Leonard D. Schaeffer, Administrator, Health Care Financing Administration; Virginia M. Smyth, Regional Administrator, Region IV, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

July 13, 1981.

Attorney(s) appearing for the Case

Ira DeMent, Sp. Counsel, Montgomery, Ala., for F. James.

Herman H. Hamilton, Jr., Sp. Asst. Atty. Gen., Shepard D. Ashley, Montgomery, Ala., for plaintiffs-appellants.

Elizabeth N. Petree, Asst. Atty. Gen., Montgomery, Ala., for Alabama Medical Services Administration.

Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., F. Richard Waitsman, Asst. Reg. Atty., Atlanta, Ga., for defendants-appellees.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.

PER CURIAM:

Affirmed on the basis of the Memorandum Opinion of the district court, James v. Harris, 499 F.Supp. 594 (M.D.Ala.1980).

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