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SOUTH EASTERN HUMAN DEVELOPMENT CORP. v. SCHWEIKER

No. 82-1241.

687 F.2d 1150 (1982)

SOUTH EASTERN HUMAN DEVELOPMENT CORPORATION, a non-profit South Dakota Corporation, Appellant, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services, an agency of the United States of America; Robert L. Trachtenberg, Acting Director of the Office of Community Services of the Department of Health and Human Services; The United States of America; William J. Janklow, Governor of the State of South Dakota; The South Dakota State Planning Bureau and Dana Nelson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1982.

Attorney(s) appearing for the Case

Philip N. Hogen, U. S. Atty., Sioux Falls, S. D., Dawn Bowen, Asst. U. S. Atty., Pierre, S. D., for appellees Richard S. Schweiker, Robert L. Trachtenberg and The United States of America; Vicki Schulkin, Dept. of Health and Human Services, Washington, D. C., on brief.

Jeff Masten, Masten, Myrabo & Irons, P. C., Canton, S. D., for appellant, South Eastern Human Development Corp.

Mark V. Meierhenry, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, S. D., for State appellees.

Before HEANEY and ARNOLD, Circuit Judges, and REGAN, Senior District Judge.

HEANEY, Circuit Judge.

South Eastern Human Development Corporation appeals from an order of the district court denying its motion for a preliminary injunction and dismissing its complaint for failure to state a claim on which relief can be granted. We reverse and remand to the district court for the entry of appropriate relief.

I.

INTRODUCTION

This legal dispute has its origin in the debate recently waged in Congress over the proper...

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