STATE OF CONN. v. SCHWEIKER

No. 81-2090.

684 F.2d 979 (1982)

STATE OF CONNECTICUT, et al., and State of California, Plaintiffs-Intervenors, Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 1982.


Attorney(s) appearing for the Case

Charles A. Miller, Washington, D. C., with whom Arvid E. Roach, II, and Karen H. Rothenberg, Washington, D. C., were on the brief, for plaintiffs-intervenors, appellants, State of Conn., et al.

Elisabeth C. Brandt, Deputy Atty. Gen., State of Cal., Sacramento, Cal., with whom Carol Hunter, Deputy Atty. Gen., Sacramento, Cal., was on the brief, for plaintiff-intervenor, appellant, State of Cal.

Neil H. Koslowe, Sp. Litigation Counsel, Dept. of Justice, Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty. at the time the brief was filed, Washington, D. C., Juan A. Del Real, Gen. Counsel, and Lynne K. Zusman, Deputy Gen. Counsel, Dept. of Health and Human Services, Washington, D. C., were on the brief, for appellees.

Before EDWARDS and BORK, Circuit Judges, and DUDLEY B. BONSAL, United States Senior District Judge for the Southern District of New York.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In this case we are called upon to determine whether Congress appropriated funds in fiscal year 1981 to reimburse the ten appellant States for expenditures they incurred prior to September 30, 1978 in operating various programs under the Social Security Act. The States submitted these "prior-period" claims for reimbursement, totalling approximately 382 million dollars...

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