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STATE OF N. J. v. DEPT. OF HEALTH & HUMAN SERVICES

No. 80-2438.

670 F.2d 1284 (1982)

STATE OF NEW JERSEY, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 5, 1982.

Attorney(s) appearing for the Case

James R. Zazzali, Atty. Gen. of N. J., Trenton, N. J., for petitioner; Erminie L. Conley, Asst. Atty. Gen., of counsel; Andrea M. Silkowitz, Deputy Atty. Gen., Trenton, N. J., (argued), on brief.

Amy Yourman, Office of the General Counsel, Dept. of Health and Human Services, Washington, D.C., Nancy M. P. King (argued), Office of the General Counsel, Dept. of Health and Human Services, Baltimore, Md., for respondent.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The State of New Jersey petitions from a decision of the Grant Appeals Board of the Department of Health and Human Services (HHS) which denied federal reimbursement under the Medicaid program for medical services provided by the State over a two-year period to certain aged, institutionalized individuals. New Jersey contends that the Board erred in four respects: first, by concluding that the State's Medicaid plan...

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