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CONSTANCE v. SECRETARY OF HEALTH & HUMAN SERVICES

Nos. 81-1322, 81-1323.

672 F.2d 990 (1982)

Cornelius CONSTANCE, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee, Alexander E. Sharp, etc., Defendant, Appellant. Cornelius CONSTANCE, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 5, 1982.

Attorney(s) appearing for the Case

Stephen S. Ostrach, Asst. Atty. Gen., Government Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for the State appellant.

Larry K. Banks, Atty., Social Security Division, Dept. of Health and Human Services, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., and Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., were on brief, for appellant Secretary of Health and Human Services.

Peter Benjamin, Springfield, Mass., with whom Kenneth P. Neiman, Holyoke, Mass., was on brief, for appellee.

Before CAMPBELL and BREYER, Circuit Judges and WYZANSKI, Senior District Judge.

BREYER, Circuit Judge.

This case raises the question of whether a federal statute providing a special federal payment to certain disabled persons (those with "essential persons") permits the state to reduce correspondingly its own state payments dollar for dollar. We find that the federal statute was specifically intended to give the states this authority, and we therefore reverse a district court holding to the contrary.

I

The appellee, Cornelius...

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