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STATE OF OKL. EX REL. DEPT. OF H.S. v. WEINBERGER

No. 83-1258.

741 F.2d 290 (1983)

STATE OF OKLAHOMA, ex rel. DEPARTMENT OF HUMAN SERVICES, Plaintiff-Appellant, v. Casper WEINBERGER, as Secretary of the United States Department of Defense, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 19, 1983.

Attorney(s) appearing for the Case

Russell D. Hall, Asst. Gen. Counsel, Legal Div., Dept. of Human Services, Oklahoma City, Okl., for plaintiff-appellant.

William S. Price, U.S. Atty. and Roger Griffith, Asst. U.S. Atty., Oklahoma City, Okl., Bernard Marcak, Dept. of the Air Force, Randolph AFB, Tex., and Charles G. Symmonds, Associate Gen. Counsel, Army and Air Force Exchange Service, Dallas, Tex., for defendant-appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

The Department of Human Services of the State of Oklahoma (DHS) appeals from a memorandum opinion and order granting summary judgment...

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